^ JZ£ KFM/r7Ll"^;
RECEIVED
APR 4 1990
H&RAf?I
t&?
NORTH CAROLINA
REGISTER
IN THIS ISSUE
^
ihriOMl
PROPOSED RULES
Agriculture
Crime Control and
Public Safety
Economic and Community
Development
Environment, Health, and
Natural Resources
Human Resources
Public Education
FINAL RULES
List of Rules Codified
ISSUE DATE: APRIL 2, 1990
Volume 5 • Issue 1 • Pages 1-151
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER
The North Carolina Register is published bi-monthly
and contains information relating to agency, executive,
legislative and judicial actions required by or affecting
Chapter 150B of the General Statutes. All proposed, ad-
ministrative rules and amendments filed under Chapter
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Requests for subscriptions to the North Carolina
Register should be directed to the Office of Ad-
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N.
C. 27604, Attn: Subscriptions.
ADOPTION, AMENDMENT, AND REPEAL OF
RULES
An agency intending to adopt, amend, or repeal a rule
must first publish notice of the proposed action in the
North Carolina Register. The notice must include the
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differs substantially from the proposed form published
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after the adoption is filed with the Office of Ad-
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TEMPORARY RULES
Under certain conditions of an emergencv nature,
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whichever is less. An agency adopting a temporary rule
must begin normal rule-making procedures on the per-
manent rule at the same time the temporary rule is
adopted.
NORTH CAROLINA ADMINISTRATIVE CODE
The North Carolina Administrative Code (NCAC) is
a compilation and index of the administrative rules of
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tion of the NCAC is mandated by G.S. 150B-63(b).
The Code is divided into Titles and Chapters. Each
state agency is assigned a separate title which is fur-
ther broken down by chapters. Title 21 is designated
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dividual volumes may also be purchased with
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supplements to the initial publication available.
Requests for pages of rules or volumes of the NCAC
should be directed to the Office of Administrative
Hearings.
NOTE
The foregoing is a generalized statement of the pro-
cedures to be followed. For specific statutory language,
it is suggested that Articles 2 and 5 of Chapter 150B of
the General Statutes be examined carefully.
CITATION TO THE NORTH CAROLINA
REGISTER
The North Carolina Register is cited by volume, issue,
page number and date. 1:1 NCR 101-201, April 1, 1986
refers to Volume 1, Issue 1. pages 101 through 201 of
the North Carolina Register issued on April 1, 1986.
North Carolina Register. Published bi-monthly by
the Office of Administrative Hearings, P.O. Drawer
11666, Raleigh, North Carolina 27604, pursuant to
Chapter 150B of the General Statutes. Subscriptions
one hundred and five dollars ($105.00) per year.
North Carolina Administrative Code. Published
in looseleaf notebooks with supplement service by
the Office of Administrative Hearings, P.O.
Drawer 1 1666, Raleigh, North Carolina 27604, pur-
suant to Chapter 150B of the General Satutes.
Subscriptions seven hundred and fifty dollars
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NORTH
CAROLINA
REGISTER
ISSUE CONTENTS
Office of Administrative Hearings
P. O. Drawer 11666
Raleigh, NC 27604
(919) 733-2678
Julian Mann III,
Director
James R. Scarcclla St.,
Deputy Director
Molly Masich,
Director APA Services
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial A ssistatit
I. PROPOSED RULES
Agriculture
N.C. Plant Conservation
Board 1
Structural Pest
Control Committee 7
Crime Control and
Public Safety
State Highway Patrol 53
Economic and Community
Development
Banking Commission 16
Community Assistance 25
Milk Commission 24
Environment, Health, and
Natural Resources
Coastal Management 136
Environmental Management.... 54
Marine Fisheries 63
Wildlife Resources
Commission 137
Human Resources
Mental Health, Mental
Retardation and Substance
Abuse Services 29
Water Treatment Facility
Operators 27
Public Education
Flemcntary and Secondary 141
II. FINAL RULES
List of Rules Codified 143
III. CUMULATIVE INDEX 151
NORTH CAROLINA REGISTER
Publication Schedule
(January 1990 - December 1991)
Issue
Date
01/02/90
01/16/90
02/01/90
02/15/90
03/01,90
03 15 90
04/02/90
04/16/90
05/01/90
05/15/90
06/01/90
06/15/90
07/02/90
07/16/90
08/01/90
08/15/90
09/04/90
09/14/90
10/01/90
10/15/90
11/01/90
11/15/90
12/03/90
12/14/90
01/02 91
02/01/91
03/01/91
04/01/91
05/01/91
06/03/91
07/01/91
08/01/91
09/03/91
10/01/91
11/01/91
12/02/91
Last Day
for
Filing
12/07/89
12/20/89
01/10/90
01/25/90
02/08/90
02/22/90
03/12/90
03/23/90
04/09/90
04/24/90
05/10/90
05/24/90
06/11/90
06/22/90
07/11/90
07/25/90
08/13/90
08/24/90
09/10/90
09/25/90
10/11/90
10 24 90
11/08/90
11/21/90
12/07/90
01/10/91
02/08/91
03/11/91
04/10/91
05/10/91
06/10/91
07/11/91
08/12/91
09/10/91
10/11/91
11/07/91
Last Day
for
Electronic
Filing
12/14/89
12/29/89
01/18/90
02/01/90
02/15/90
03/01/90
03/19/90
03/30/90
04/17/90
05/01/90
05/17/90
06:01/90
06/18/90
06/29/90
07/18/90
08/01/90
08/20/90
08/31/90
09/17/90
10/02/90
10/18/90
10/31/90
11/15/90
11/30/90
12/14/90
01/18/91
02/15/91
03/18/91
04 17 91
05/17/91
06/17/91
07/18/91
08/19/91
09/17/91
10/18/91
11/14/91
Earliest
Date for
Public
Hearing &
Adoption by
Agency
****+***
02/01/90
02/15/90
03/03/90
03/17/90
03/31/90
04/14/90
05/02/90
05/16/90
05/31/90
06/14/90
07/01/90
07/15/90
08/01/90
08/15/90
08/31/90
09/14/90
10/04/90
10/14 90
10/31/90
11/14/90
11/30/90
12/14/90
01/02/91
01/13/91
02/01/91
03/03/91
03/31/91
05/01/91
05/31/91
07/03/91
07/31/91
08/31/91
10/03/91
10/31/91
12/01/91
01/01/92
Earliest
Effective
Date
05/01/90
05/01/90
06/01/90
06/01/90
07/01/90
07/01/90
08/01/90
08/01/90
09/01/90
09/01/90
10/01/90
10/01/90
11/01/90
11/01/90
12/01/90
12/01/90
01/01/91
01/01/91
02/01/91
02/01/91
03/01/91
03/01/91
04/01/91
04/01/91
05/01/91
06/01/91
07/01/91
08 '01/91
09/0 1/9 L
10/01/91
11/01/91
12/01/91
01/01/92
02/01/92
03/01 '92
04/01 92
* The "Earliest Effective Date" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date" , that the agency files the rule with The Administrative Rules Review
Commission by the 20th of the same calendar month and that ARRC approves
the rule at the next calendar month meeting.
PROPOSED RULES
TITLE 2 - DEPARTMENT OF
AGRICULTURE
No
otice is hereby given in accordance with G.S.
1 SOB- 12 that the N.C. Plant Conservation Board
intends to amend rule(s) cited as 2 NCAC JOG
.0301 - .0302, .0304 - .0305, .0501, .0508 - .0511;
and adopt nde(s) cited as 2 NCAC 10G .0512 -
.05/5.
1 he proposed effective date of this action is A u-
gust I. 1990.
I he public hearing will be conducted at 1:30
p.m. on May 4, 1990 at Mountain Horticultural
Crops Research and Extension Center, 20/6 Fan-
ning Bridge Road, Fletcher, NC 28732-9216.
K^omment Procedures: Interested persons may
present statements either orally or in writing at the
public hearing or in writing prior to the hearing
by mail addressed to the Plant Conservation Pro-
gram, NC Department of Agriculture, P.O. Box
27647, Raleigh, NC 27611.
CHAPTER 10 - PESTICIDE AND PLANT
PROTECTION DIVISION
SUBCHAPTER 10G - PLANT INDUSTRY
SECTION .0300 - ENDANGERED PLANT
SPECIES LIST: THREATENED PLANT SPECIES
LIST: LIST OF SPECIES OF SPECIAL
CONCERN
.0301 ENDANGERED PLANT SPECIES LIST
As authorised by- G44 106 202.12 through
106 202.10 ef Ike Pkfit Protection *«4 Conser
vution Aet- e£ 1979, tb*» The North Carolina
Plant Conservation Board hereby establishes the
following list of endangered plant species:
( 1) Aeschvnomome Acschvnomene virginica --
(L.) B.S.P.
Sensitive Joint Vetch; Jointvetch;
(44 Arenaria alahamensis — (McCormick,
Boi'.L'inan A- Spongberg) Wyatt
Alabama sandwort;
£3} Arenaria godfroyi — Simmers
Godfrey's Sandwort;
(4) Arenaria uniflora — (Walter) Muhl.
Single Flowered Sandwort;
(2) (4) Arcthua bulbosa -- L.
Bog Rose;
(3) (4} Asplcnium hoteroresillens heteroresiliens
- W. H. Wagner
Carolina Spleenwort; Fern;
(4) (44, Asplcnium monanthes -- L.
Single Sorus Spleenwort; hern;
(5) (8) Bryocrumia andersonii -- (Bartr.) An-
ders.
Gorge moss; Moss;
(6) (9) Buckleya distichophylla -- (Nuttall)
Torrey
Piratebush;
(7) Calamagrostis cainii -- Hitchcock
Cain's Reed Grass;
(8) (4-0) Calamovilfa brevipilis --
Scribner
Pine Barrens Roodgrass; Sandreed;
(Torrey)
(9) (44) Cardamine micranthera -- Rollins
Small-anthered Bittercress;
(10) (44) Carex aenea -- Femald
Fernald's Hay Sedge;
(11) (444 Carex barrattii -- Schweinitz and Tor-
rey
Barratts Sedge;
(12) (444 Crarex purpurifera -- Mackenzie
Purple Sedge;
(13) (444 Carex. schweinitzii — Dewey ex-
Schweinitz
Schweinitz's Sedge;
( 14) (444 Cystopteris X- tennesseensis - Shaver
Tennessee Bladder Fern; Bladdertern;
( 1 5) (444 Dahbarda repens -- L.
False Violet; Robin Runaway;
( 16) (44) Delphinium exaltatum -- Aiton
Tall Larkspur;
(17) (444 Echinacea laevigata — (Boynton and
Beadle) Blake
Smooth Coneflower;
(18) Eriocaulon lineare ~ Small
I .inear Pipe wort;
( 19) (44} Fupatorium resinosum -- Torrey ex
DC
Resinous Joe Pye Weed; Boneset;
(20) (44-)- Gentiana Gentianopsis crinita —
Froelich (Froelich) Ma
Fringed Gentian;
(21) (44} Geum radiatum -- Michaux
Spreading Avens;
(22) (44)- Glyceria nubigena — W.A. Anderson
Smokey Mtn. Smokv Mountain Manna-
grass;
(23) (444 Grammitis nimbata
Dwarf Polypody Fern;
(24) (44) Ilelianthus schweinit/.ii —14
Schweinit?.' Schweinitz's Sunflower
(25) (36) Hexastylis
Blomquist
(Jcnm.) Proctor
contracts contracta
Mountain Heart I euf; Ileartleaf;
(26) (44) Hexastylis naniflora — Blomquist
Dwarf-flowered I leart Leaf; Ileartleaf;
Houstonia
(Small) Terrel
purpurea var. montana «
Mountain Bluet;
(28) Hydrastis canadensis - L.
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Goldenseal;
(29) Isotria medeoloides -- (Pursh) Raf.
Small Whorled Pogonia;
(30) Juncus trifidus ssp. carolinianus — Hamet
Ah4r Ahti
(4«e Flowered One-flowered Rush;
(31) Kalmia cuneata -- Michaux
White Wicky;
(32) Lindera melissaefolia — (Walter) Blume
Southern Spicebush;
(33) Lindera suhcoroucoa subcoriacea -- Wof-
ford
Dob Spice Bush; Bog Spicebush;
(34) Lysimachia asperulaefolia — Poiret
Rough-leaf Loosestrife;
(35) Lysimachia fraseri -- Duby
Fraser's Loosestrife;
(36) Minuartia godfre^i -^ (Shinners) McNeill
Godfrey's Sandwort:
(37) Minuartia unillora -- (Walter) Mattfield
Single -flowered Sandwort:
[38] (4*H Muhlenbergia torreyana -- (Schultes)
I litchcock
Torrey's Muhly;
[39] (444- Narthecium americanum -- Ker
Bog Asphodel;
(40) Orhexilum macrophvllum — (Rowlee ex
Small) Rvdhcnz
Bigleaf Scurf pea;
(41 ) (-4X+ Orthotrichum keeverae -- Crum &
Anders.
Keever's bri*»tl<a mow; Bristle -Moss;
(42) (40-)- Oxypolis canbyi -- (Coult. & Rose)
Fern.
Canby's cowhane; Cowbane;
(43) (4tt) Parnassia caroliniana -- Michaux
Carolina Grass-of- Parnassus;
(44) (-44-) Pellaea X- wrightiana -- Hooker
Wright's Cliff-brake Fern;
(45) (43) Plantago cordata -- Lam.
Heart-leaf Plantain:
(46) 443) Plantago sparsiflora -- Michaux
Pineland Plantain;
(47) (44) Platanthera integrilabia -- (Correll)
I cur
White Fnngeless Orchid;
(44) P'.iomlua macrophvlla — Rowlee
Bigleaf Scurfpea;
[48] Portulaca smallii — P. Wilson
Small s Portulaca;
(4'-)) f46-) Pterodossaspis ccristata -- (Fernald)
Rolfe
Fulophia:
(50) £4?) Ptilimnium nodosum -- (Rose) Mat-
hias
Ilarperella;
(51) (-4^4 Pvxidanthera barbulata var. brevifolia
- (Well's) Allies
Woll'o WeUs' Pyxie-moss;
(52) (49^ Rhus michauxii — Sargent
Michaux' False Sumac;
(53) (40) Sagittaria fasciculata -- E.O. Beal
Bunched Arrowhead;
(54) (44-) Sarracenia jonesii -- Wherry
Mountain Sweet Pitcher plant;
(55) (43) Sarracenia oreophila -- (Kearney)
Wherry
Green Pitcher Plant;
(56) (44) Schwalbea americana -- L.
Chaff seed;
(57) (44) Sedum pur.illium pusillum -- Michaux
Puck's Orpine;
(58) (44) Sedum rosea - (L.) Scop.
Roseroot;
(59) (44) Senecio schweinitzianus -- Nuttall
Bobbin'. Schweinitz's Groundsel;
(60) (Sfy Shortia galacifolia - T. & G.
Oconee Bells;
(61 ) (48) Sisyrinchium dichotomum -- Bicknell
Reflexed Blue-eyed Grass;
(62) (4&) Solidago pulchra -- Small
Carolina Goldenrod;
(63) (40) Solidago spithamaea -- M.A. Curtis
Blue Ridge Goldenrod;
(64) (44) Solidago verna -- M.A. Curtis ex T.
& G.
Spring-flowering Goldenrod;
(65) (43) Spiraea Virginiuna virginiana -- Britton
Virginia Spiraea;
(66) (44) Sporobolus heterolepis -- Gray
Prairie Dropseed;
(67) (44) Stylisma pickeringii var. pickeringii --
(Torrey ex M.A. Curtis) Gray
Pickering's Morning Glory;
(68) (44) Thalictrum cooleyi -- Ahles
Cooley's Meadow mo; Meadowrue;
(69) (44) Trillium pusillum -- Michaux
Carolina Least Trillium;
(70) (4?) Trisetum spicatum var. molle — (Mi-
chaux) Beal
Soft Trisetum.
Statutory Authority G.S. 1 06- 202.1 5.
.0302 THREATENED PLANT SPECIES LIST
As authorised by G-4^ 106 202.12 through
106 202.19 e4 the Rkwrt Protection a«4 Conr.or
vation Aet- &i 1979, the The North Carolina
Plant Conservation Board hereby establishes the
following list of threatened plant species:
(1) Amaranthus pumilus -- Raf.
Seabeach Amaranth;
(2) Cacalia rugelia -- (Shuttl. exchapm) ex
Chapm) Barkley & Cronq.
Rugel's Ragwort;
(3) Camassia scilloides — (Raf.) Cory
5:1 AORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Wild Hyacinth;
(4) Carex chapmanii -- Steudel
Chapman's Sedge;
(5) Carex conoidea -- Willd.
Cone-shaped Sedge;
(6) Carex misera -- Buckley
Wretched Sedge;
(7) Carya Myriotieai'formis myristicaeformis
-- (Michaux ¥$ Q Nuttall
Nutmeg Hickory;
(8) Eleocharis halophila — Forald Fern. &
Brack.
Split Salt Spikerush;
(9) Fimbristylis perpusilla -- Auth. Harper ex
Small & Britton
Harper's Fringe-rush;
(10) Geum geniculatum -- Michaux
Bent Avens;
(11) Gymnoderma lineare — (Evans) Yoshi-
mura & Sharp
Gnome Finger Lichen;
(-4-3+ 1 labunaria intugra — (Nuttall) Sprongol
Yl'Uow Fringeli'ss Orchid;
(12) (44+ I Ielonias bullata - L.
Swamp Pink;
( 13) (44+ Hudsonia montana -- Nuttall
Mountain Golden Heather;
(14) Hex collina — Alexander
long-stalked 1 lolly;
(15) Isoetes piedmontana -- (Pfeiffer) Reed
Piedmont Quillwort;
(16) Liatris helleri -- (Porter) Porter
Heller's Blazing Star;
(17) Lilaeopsis carolinensis -- Coult. & Rose
Carolina Lilaeopsis;
(18) Lilium grayi -- Watson
Gray's Lily;
(19) Menyanthes trifoliata - L.
Buckbean;
(20) Myriophyllum laxum -■
Chapman
Loose Watermilfoil;
(-34-)- Nemopanthus collinur.
Gk+fk-
Long f.tullcod I lolly;
(21) (-30+ Nestronia umbcllula - Raf.
Nestronia;
(22) Platanthera integra - (Nuttall) Gray ex
Beck
Yellow Frinueless Orchid;
Schuttlew. ex
— (Alexander)
(23) Rhexia aristosa — Britton
Awned Meadow - beauty;
(24) Rudbeckia heliopsidis — T. & G.
Sun-facing Coneflower;
(25) Sabatia Kennedyana kcnncdvana — Fern.
S<» Pink; Plymouth Gentian:
(26) Schisandra glabra -- (Brickel) Rchder
Magnolia Vine;
(27) Schlothomia Schlotheimia lancifolia --
Bartr.
Highlands moos; Moss;
(28) Senecio millefolium — T. & G.
Divided-leaf Ragwort;
(29) Sporobolus teretifolius -- Harper
Wireleaf Dropseed;
(30) Thelypteris simulata -- (Davenp.) Nieuwl.
Bog Fern;
(31) Trichomanes boschianum -- Sturm ex
Bosch
Appalachian Filmy-fern;
(32) Trichomanes petersii -- A. Gray
Putor'o Dwarf Filmy-fern;
(33) Trillium discolor -- Wray ex Hook.
Mottled Trillium
(34) Utricularia olivacea -- Wright ex Grise-
bach
Dwarf Bladderwort.
Statutory Authority G.S. 106-202.15.
.0304 PLANT SPECIES OF SPECIAL CONCERN
(a) Special concern endangered plant species
are those species that appear on both the En-
dangered Species List and on the Special Con-
cern Species List and which can be offered for
propagation to qualified propagators under per-
mit.
(1) Cystopteris tennesseensis ^ Shaver
Tennessee Bladderfern;
(2) (44 Delphinium exaltatum -- Alton
Tall Larkspur;
Echinacea laevigata — (Boynton & Bea-
dle) Blake
Smooth Coneflower;
ih
til
(5) Geum radiatum
Gentianopsis crinita ~ (Iroehlich) Ma
Fringed Gentian;
Michaux
Spreading Avens;
(6) (4+ I lydrastis canadensis ~ L.
Goldenseal, Orangeroot;
(4) tie* amelanchier — Mr At Curtis
Sarvis Holly;
(7) (4+ Kalmia cuneata -- Michaux
White Wicky;
(8) Pellaea wrightiana ~ Hooker
Wright's Cliff-brake Fern;
(9) (4+ Rhus michauxii -- Sargent
Michaux's FaLo Sumac;
(10) (4) Sarracenia jonesii — Wherry
Mountain Sweet Pitcher Plant;
(11) Sarracenia oreophila -- (Kearney) Wherry
Green Pitcher Plant;
( 12) (4+ Shortia galacifolia -- T. & G. Oconee
Bells.
(b) Special Concern Threatened Plant Species
are those species that appear on both the
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Threatened Species List and on the Special
Concern Species List and which can be offered
for propagation to qualified propagators under
permit.
(44 Geum radiatum — Gray
Spreading Avens;
(1) Helonias hullata - L.
Swamp Pink;
(2) 1 iatris helleri ~ (Porter) Porter
" Heller's Blazing Star:
(3) (4+ Lilium gruyii gravi -- Watson
Gray's Lily;
(4) Sabatia kennedvana 21 Fern.
Plymouth Gentian;
(5) (44 Schisandra glabra ~ ( Brickel) — Rehder
Magnolia Vine.
(c) Except as otherwise provided » the regu
Kit ions it- 'hull be unlaviful te- seh-r barter, trade,
exchange, export, e* te offer fof Dale, barter,
trade, exchange &f export ©f gs^e away fof afty-
purpose including advertising e* other promo
tionul purposes a«y- plant which is e» At* Special
Concern Not Endangered or Threatened Plant
Species 1 ist. are those species that appear on the
Special Concern Species List but do not appear
on the Endangered Species I ist or the Threat-
ened Species List and which it shall be unlawful
to distribute, sell or offer for sale except as oth-
erwise provided in the rules.
(44 Clematis vorticillarit) ©G
R.ock Clematis;
(-2} 1 Iexastylis lowisii (Fern.) — Blomquist &
Oosting
I ewis' heart leaf-?
( 1) (44 Panax Quinquefolium quinquefolius
- L.
Ginseng.
(-44 Rhododendron vuseyi — Gray
Pink shell azalea;
(-^4 Saxifraga caroliniana — Gray
Carolina Saxifrage;
Statutory Authority G.S. 1 06-202.1 2 through
106-202.22.
.0305 COLLECTION AND SALE OF GINSENG
(a) Definitions:
( 1 ) Department. The North Carolina De-
partment of Agriculture.
(2) Ginseng. Any plant of the species Panax
quinquefolium quinquefolius including
cuttings, roots, fruits, seeds, propagules
or any other plant part.
(3) Ginseng Dealer. Any person in North
Carolina who purchases or otherwise ob-
tains ginseng roots which have been col-
lected or cultivated in North Carolina in
any quantity for commercial use. This
definition does not include those persons,
who directly collect or cultivate ginseng
roots, or who obtain ginseng roots for
their own personal use.
(4) (-64 Export Certificate. A document issued
to allow the export or shipment of ginseng
out of the State bv certifying that the gin-
seng covered bv the document was legally
collected or grown in North Carolina.
(5) (44 Inspector. An employee of the North
Carolina Department of Agriculture or
any other person authorized by the Com-
missioner to enforce these Regulationo.
Rules.
(6) (44 Person. Individual, corporation, part-
nership, firm or association.
(7) (4) Record of Ginseng Purchase. A docu-
ment completed by a person buying et4-
tivated e* collected ginseng recording the
seller, the weight e£ roots bought, the
date, the nursery grown » ef the counties
» which the roots were collected a«4 a
signature verifying the accuracy e4 the Fe-
cord a«4 the legal collection e4 the roots.
ginseng dealer on a form provided bv the
Department to record ginseng purchases.
Record of Harvest Season Collection. A
m
document completed and signed bv a col-
lector of wild ginseng and bv an Inspector,
certifying that the ginseng covered bv the
document was legally collected during the
harvest season.
(9) Statement Indicating Legal Collection of
Ginseng from One's Own I and. A doc-
ument completed and signed bv a person
verifying that the wild collected ginseng
being sold was collected from that per
son's own land.
(b) Policy. The trade and biology of ginseng
is monitored in North Carolina to obtain federal
approval for the export of ginseng from the state,
to support the ginseng trade within the state and
to protect the species from over collection and
extinction.
(c) Collection of Ginseng:
( 1 ) Harvest Season for the Collection of Gin-
seng. The ginseng harvest season will be
from September 1 through April 1. Har-
vesting ginseng outside of this period is
unlawful except tf prohibited except when
the plants are dug from one's own land.
(2) Collectors Harvesting or Selling (Outside
of the 1 Ian est Season. Am person col-
lectuig wild ginseng outside of the harvest
season must complete a Statement Indi-
cating I egal Collection of Ginseng from
One s Own Land before selling the gin-
sene. This form is available from ginseng
5:7 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
dealers. Any person collecting ginseng
within the harvest season but wishing to
sell the ginseng outside of the season must
complete a Record of Harvest Season
Collection and have it signed by an In-
spector before the end of the harvest sea-
son; the form is available from Inspectors.
(3) (4) The Collection Replanting of Ginseng.
All persons collecting ginseng from the
wild are encouraged to plant the seeds of
collected plants in the immediate vicinity
of where they are found,
(d) Purchase and Sale of Ginseng:
( I ) Registration e£ Ginseng Doalors. Ginseng
Dealer Permits. All ginseng dealers shall
register after Juno 4- ef- each year, obtain a
permit from the Plant Industry Division
of the Department prior to purchasing
ginseng. with the North Carolina De-
partment ef Agriculture, posticide a»4
plant protection division. Permits shall
be valid from Julv 1 or the date of issue,
from One's Own Land or Record of liar-
121
whichever is later, to the following June
30. No .ginseng may be purchased by a
ginseng dealer without a current permit.
Buying Season for Ginseng. The buying
season for wild collected ginseng will be
from September J_ through the following
April J_ for green ginseng and from Sep-
tember 15 through the following April _]_
for dried ginseng. To buy wild collected
ginseng outside of this buying season a
ginseng dealer must obtain from the col-
lector either:
(A) a completed Statement Indicating Legal
Collection of ( iinscng from ( )ne's ( )wn
land; or
(B) a Record of I Ian est Season Collection
completed by the collector and signed by
an Inspector.
(3) (3) Purchase ef Ginseng. Records. Gin
dealers Every srinsenc dealer shall
keep a record of each purchase of ginseng
collected or grown in North Carolina on
the applicable Record of Ginseng Pur-
chases e» a- record ef ginseng purchase
form provided by the North Carolina
Department, ef Agriculture. Such re-
cords Forms from previous years, copies,
or any forms other than those provided
bv the Department for the current license
period shall not be used. Records of
Ginseng Purchases shall be made available
for inspection by an Inspector and shall
be surrendered to an Inspector upon issu-
ance of an Export Certificate or on a pe-
riodic basis. The applicable Statement
Indicating Legal Collection of Ginseng
vest Season Collection shall be attached
to any Record of Ginseng Purchases re-
cording a purchase of wild collected gjn-
seng collected outside of the harvest
season or bought outside of the buying
season.
(4) (4} Purchase of Ginseng between from
other Ginseng Dealers. All ginseng deal-
ers who purchase ginseng from other gin-
seng dealers located in North Carolina
shall eftiy purchase only from those gin-
seng dealers that ate registered, have valid
dealer permits. Such purchases shall be
recorded in a Record of Dealer- Dealer
Transactions. Ginseng purchased from
unregistered ginseng dealers who lack
valid permits will not be certified for ex-
port or shipment out of the State.
(5) (4} Exportation and Shipment of Ginseng.
All persons who have ginseng in any
quantity and wish to export or ship any
amount out of the state ea» shall obtain
an export certificate from an Inspector.
e£ tke North Carolina Department ef A-g-
rioulturo. To obtain an export certificate
a person must have accurately kept accu-
rate records of his purchases, present and
surrender the original Record of Ginseng
Purchases upon issuance of an export
certificate and be a registered ginseng
dealer, possess a valid ginseng dealer's
permit
Statutory Authority
106-202.22.
G.S. 106-202.12 through
SECTION .0500 - FORMS
.0501 DESIGNATIONS
The forms used by the plant protection section
in plant protection and conservation activities
will be known by the following title and numer-
ical designations:
(7) application for a ginseng dealer registration
form dealer's permit - PC-7;
(8) record of native wild collected ginseng
purchases - PC-8;
(9) record of cultivated ginseng purchases -
PC-9;
(10) ginseng export certification - PC- 10;
(11) ginseng dealer's permit - PCM 1;
( 12) record of dealer-dealer transactions ■
PC- 12;
( 13) statement indicating legal collection of
einseng from one's own land - PC- 13;
(14) record of harvest season collection
PC- 14.
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Statutory Authority G.S. 106-202.12 through
106-202.22.
.0508 FORM PC-7
Form PC-7 is the ginseng dealer registration
form application for a ginseng dealer's permit and
is issued to ginseng dealers who wish to purchase
ginseng after June 1 of each year. The following
information is required:
(1) The company name, name of owner, man-
ager or agent, address and telephone number
of the ginseng dealer;
(2) The location of ginseng records and roots;
and
(3) Names of agents representing the dealer;
(4) (4+ Signature of ginseng dealer and date of
signing.
Statutory Authority G.S. 106-202.12 through
106-202.22.
.0509 FORM PC-8
Form PC-8 is the record of native wild collected
ginseng purchases to be completed by ginseng
dealers. The following information is required:
(1) A sheet number corresponding to the
number of wild collected ginseng purchase
records completed by the ginseng dealers in
that harvest season;
(2) The year in which the harvest season be-
gins;
(3) (44 The ginseng dealer's name and address;
(4) (44 A record number for each purchase on
a sheet;
(5) f-H The date the ginseng is purchased;
(6) (■§} The name, address and telephone num-
ber of the collector of the ginseng purchased;
(7) (44 The amount of green or drv ginseng
purchased, iri pounds and ounces;
(8) (44 The counties in which the ginseng roots
were collected;
(9) (&4 Form PC-S is signed and dated by the
ginseng dealer certifying that the records are
accurate and that all ginseng purchased was
collected legally.
Statutory Authority G.S. 106-202.12 through
106-202.22.
.0510 FORM PC-9
Form PC-9 is the record of cultivated ginseng
purchases to be completed by ginseng dealers.
The following information is required:
(1) A sheet number corresponding to the
number of cultivated ginseng purchase re-
cords completed by the ginseng dealer in
that harvest season;
(2) The year in which the harvest season be-
gins;
(3) (44 The ginseng dealer's name and address;
(4) (4) A record number for each purchase on
a sheet;
(5) (44 The date the ginseng is purchased;
(6) (44 The name, address and telephone num-
ber of the cultivator of the ginseng;
(7) (44 The amount of ginseng purchased, in
pounds and ounces;
(8) (4) The nursery and nursery certificate
number, if any, where the ginseng was culti-
vated; and
(9) (&4 Form PC-9 is signed and dated by the
ginseng dealer certifying that the records are
accurate and that the ginseng purchased was
cultivated.
Statutory Authority G.S. 106-202.12 through
106-202.22.
.0511 FORM PC-10
Form PC-10 is the ginseng export certification
issued to ginseng dealers for export or shipment
out of state of legally collected or cultivated
roots. The following information is required:
( 1) Certificate number, assigned by the De-
partment;
(2) Dealer permit number;
(3) Dealer's shipment number for that harvest
season;
(4) (4> The total amount of ginseng te be e*-
portod; covered bv this certificate, in pounds
and ounces stated in both numerals and
words;
(4} 44se amount &£ collected and cultivated
ginseng t» be exported;
(5) Whether the ginseng is wild or cultivated;
(6) Whether the ginseng is green or drv;
(7) (4} The purchase dates of the ginseng te- be
exported; covered bv this certificate;
(8) (4) The name and address of the ginseng
dealer;
(9) (4) The transfer records purchase record
sheet numbers of the ginseng covered by this
certificate; and
(1(1) (44 Form PC-10 is signed by the F4*«4- Pe-4
Administrator, Director. Plant Industry Di-
vision, the ginseng dealer and the inspector
issuing the export certification.
Statutory Authority G.S. 106-202.12 through
106-202.22.
.0512 FORM PC- 11
Form PC- 1 1 is a permit issued to a ginseng
dealer who has met requirements as established
in G.S. 106-202.12 - 202.22 and 2 NCAC 10G
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
.0100 through .0500. The permit number will
be used to identify shipments for which export
documents are issued. The following informa-
tion is required:
(1) Permit number;
(2) Date of issuance;
(3) Expiration date;
(4) Company name and address of the ginseng
dealer;
(5) Signature of the Director, Plant Industry
Division, North Carolina Department of
Agriculture.
Statutory Authority
106-202.22.
G.S. 106-202.12 through
.0513 FORM PC- 1 2
Form PC- 12 is the record of dealer-dealer tran-
sactions to be completed by ginseng dealers for
purchases of ginseng from other dealers. The
following information is required:
(1) A sheet number corresponding to the
number of dealer-dealer ginseng purchase
records completed by the purchasing ginseng
dealer in that harvest season;
(2) The year in which the harvest season be-
gins;
(3) The name and address of the purchasing
ginseng dealer;
(4) A record number for each purchase on a
sheet;
(5) The date the ginseng is purchased;
(6) The name of the dealer selling the ginseng;
(7) The selling ginseng dealer's permit number;
(8) The amount of green or dry ginseng pur-
chased, in pounds and ounces;
(9) The purchase record sheet numbers of the
seller covering the original purchases of the
ginseng;
(10) Form PC- 12 is signed and dated by the
purchasing ginseng dealer certifying that the
records are accurate and that the ginseng was
legally collected.
Statutory Authority
106-202.22.
G.S. 106-202.12 through
.0514 FORM PC-13
Form PC- 13 is the statement indicating legal
collection of ginseng from one's own land and is
completed by collectors who collect wild ginseng
from their own property between April 1 and
September 1. The following information is re-
quired:
(1) Date ginseng is sold;
(2) Amount of green and dry ginseng sold, in
pounds and ounces;
(3) Exact location of land where this ginseng
was dug;
(4) Seller's name and address;
(5) Seller's signature and date signed.
Statutory Authority G.S. 106-202.12 through
106-202.22.
.0515 FORM PC-14
Form PC-14 is the record of harvest season
collection issued by an inspector to a collector for
wild ginseng collected between September 1 and
April 1 but not sold by April 1. The following
information is required:
(1) Amount of green and dry ginseng, in
pounds and ounces;
(2) Collector's signature and date signed;
(3) Inspector's signature and date signed.
Statutory A uthoritv
106-202.22.
G.S. 106-202.12 through
******************
i V otice is hereby given in accordance with G.S.
1 SOB- 12 that the NC Department of Agriculture,
Structural Pest Control Committee intends to
amend rules cited as 2 NCAC 34 .0102, .0301 -
.0302, .0305 - .0306, .0310, .0313, .03/7 - .0320,
.0323, .0326, .0505, .0605, .0904, .1004, .1102 -
.1103; repeal rules cited as 2 NCAC 34 .0304,
.0322; adopt rule cited as 2 NCAC 34 .0506.
1 he proposed effective date of this action is A u-
gust I, 1990.
1 he public hearing will be conducted at 1:00
p.m. on May 9, 1990 at L.Y. Ballentine Buildins,.
2109 Blue Ridge Road, Raleigh, NC 27607-6469.
Cc
■ omment Procedures: Interested persons may
present statements either orally or in writing at the
public hearing or in writing prior to the hearing
by mail addressed to David S. McLeod. Chairman
of the Structural Pest Control Committee, P.O.
Box 27647, Raleigh, NC 27611.
CHAPTER 34 - STRUCTURAL PEST CONTROL
DIVISION
SECTION .0100 - INTRODUCTION AND
DEFINITIONS
.0102 DEFINITIONS
For the purpose of interpretation of the rules,
regulations, definitions, and requirements of the
North Carolina Structural Pest Control Com-
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
mittce and the Structural Pest Control Law, and
unless otherwise required by the context, the fol-
lowing definitions shall prevail, to wit:
(7) "Commercial structure" means any struc-
ture which is not a residential structure; in-
cluding hut not limited to shopping centers,
offices, nursing homes and similar structures.
(8) (4} "Complete surface residual spray" me-
ans the over-all application of any pesticide
by spray or otherwise, to any surface areas
within, on, under, or adjacent to, any struc-
ture in such a manner that the pesticide will
adhere to surfaces and remain toxic to
household pests and rodents or other pests
for an extended period of time.
(9) (4) "Continuing education units" means
units of non-credit education awarded by the
division of continuing education, North Ca-
rolina State University or comparable edu-
cational institution, for satisfactorily
completing course work.
( 10) (4) "Continuing certification unit-, unit"
means a unit of credit awarded by the
Committee upon satisfactory completion
f?Q percent &f more) e£ correct answers e«
a*Hr test- e* problem set- of one clock hour
of instruction in any approved course of
study (one CCU is equal to one tenth CEU
of approved course work).
(11) (44) "Deficient soil sample" shall mean any
soil sample which, when analyzed, is found
to contain less than 25 percent of the termi-
ticide applied by a licensee which would be
found if the termiticide had been applied at
the lowest concentration and dosage recom-
mended by the labeling.
( 12) (4-4) "Department" means the Department
of Agriculture of the State of North Caro-
lina.
(13) (44) "Disciplinary action" means any ac-
tion taken by the committee as provided
under the provisions of G.S. 106-65.28.
( 14) (44) "Division" means the structural pest
control division of the Department of Agri-
culture of the State of North Carolina.
(15) (44) "Enclosed space" means any structure
by whatever name known, including house-
hold structures, commercial buildings, ware-
houses, docks, vacant structures, and places
where people congregate, such as hospitals,
schools, churches, and others; railroad cars,
trucks, ships, aircraft, and common carriers.
It shall also mean vaults, tanks, chambers,
and special rooms designed for use, being
used, or intended to be used for fumigation
operations.
( 1 6) (44) "Enforcement agency" means the
structural pest control division of the De-
partment of Agriculture of the State of
North Carolina.
(17) (44) "EPA" means the Environmental
Protection Agency of the United States Go-
vernment.
(18) (44) "EPA registration number" means the
number assigned to a pesticide label by
EPA.
(19) (44) "Flammable pesticidal fog" means the
fog dispelled into space and produced:
(A) from oil solutions of pesticides finely
atomized by a blast of heated air or ex-
haust gases from a gasoline engine, or
from mixtures of water and pesticidal oil
solutions passed through a combustion
chamber, the water being converted to
steam, which exerts a shearing action,
breaking up the pesticidal oil into small
droplets (thermal fog); or
(B) from oil solutions of pesticides which are
forced through very narrow space by cen-
trifugal force and atomized as they are
thrown off into the air (mechanical or
cold fogs).
( 20) (4% "Fog or fogging" means micron sized
particles of pesticide(s) dispersed by means
of a thermal generator.
(21) (44) "Fumigation" means the use of fumi-
gants within an enclosed space, or in, or
under a structure, in concentrations which
may be hazardous to man.
(22) (44) "Fumigation crew" or "crew" means
personnel performing the fumigation opera-
tion.
(23) (43) "Fumigation operation" means all de-
tails prior to application of fumigant(s), the
application of fumigant(s), fumigation pe-
riod, and post fumigation details as outlmed
in these rules and regulations.
(24) (34) "Fumigation period" means the period
of time from application of fumigant(s) until
ventilation of the fumigated structure(s) is
completed, and the structure or structures
are declared safe for occupancy for human
beings or domestic animals.
(25) (-34) "Fumigator" means a person licensed
under the provisions of G.S. 106-65. 25(a)(3)
or certified under the provisions of G.S.
106-65. 25(b)(1) to engage in or supervise
fumigation operations.
(26) (44) "Gas-retaining cover" means a cover
which will confine fumigant(s) to the
space(s) intended to be fumigated.
(27) (44) "General fumigation" means the ap-
plication of fumigant(s) to one or more
rooms and their contents in a structure, at
the desired concentration and for the neces-
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
sary length of time to control rodents, in-
sects, or other pests.
(28) (33) "Household" means any structure and
its contents which are used for man.
(29) (38) "Household pest control" means that
phase of structural pest control other than
the control of wood-destroying organisms
and fumigation and shall include the appli-
cation of remedial measures for the purpose
of curbing, reducing, preventing, controlling,
eradicating, and repelling household pests
and rodents.
(30) (39) "Inactive license" shall mean any
structural pest control license held by an in-
dividual who has no employees and is not
engaged in any structural pest control work.
(31) (30) "Infestation of a specific organism"
means evidence of past or present activity
by that organism, visible in, on, or under a
structure, or in or on debris under the
structure.
(32) (34) "Inspection for a specific wood-des-
troying organism" means the careful visual
examination of all accessible areas of a
building and the sounding of accessible
structural members to determine the pres-
ence of and the damage by that specific
wood-destroying organism.
(33) (33) "Inspector" means any employee of
the structural pest control division of the
Department of Agriculture of the State of
North Carolina.
(34) (33) "Jobs not meeting the minimum re-
quirements of these rules and regulations"
means any job that is not treated in accord-
ance with the minimum requirements as
herein set forth.
(35) (34) "Licensed structural pest control op-
eration," or "pest control operation," or
"operator," or "licensed operator" means
any person licensed under the provisions of
G.S. 106-65. 25(a) or unlicensed who, for di-
rect or indirect hire or compensation is en-
gaged in the business of controlling,
destroying, curbing, mitigating, preventing,
repelling, offering advice on control methods
and procedures, inspecting and identifying
infestations and populations of insects, ro-
dents, fungi, and other pests within, under
and on structures of any kind, or the nearby
surrounding ground areas or where people
may assemble or congregate including work
defined under G.S. 106-65.24(23).
(36) (35) "Liquefied gas aerosol" means the
spray produced by the extreme rapid volati-
lization of a compressed and liquefied gas,
to which has been added a non-volatile oil
solution containing a pesticide.
(37) (36) "Non-commercial certified
applicator" shall mean any certified applica-
tor not employed by a licensed individual.
(38) (37) "Open porch" means any porch with-
out fill in wfuch the distance from the bot-
tom of the slab to the top of the soil beneath
the slab is greater than 12 inches.
(39) (-38) "Percolation" (as used in Rule
.0503(c)(2) of Section .0500) means the
leakage or movement of a pesticide from the
initial point of application by the action of
the water.
(39) "Practical experience" moans the applica
tie» eft ef direct supervision ef the applica
tie» »f-7 measurer*, excluding mechanical
devices, employed h* the control ef- house
hold pests, the control ef wood destroying
organisms, a«4 fumigation.
(40) "Residential structure" means any build
iftg e* structure whether public ef private,
vacant t+f occupied, aft4 adjacent outside af-
eas which servo as living quarters fof man.
used as a permanent dwelling such as a sin-
gle- or multi-familv home, a condominium
or townhouse or an apartment.
(44) "Restricted uso pesticide" means a»v pes-
ticido formulation which ha* been del or
mined restricted » it* «*» by the United
States Environmental Protection Agency,
under Section 3 ef- Public Law 92 516
and or the North Carolina Pesticide Board.
(41) (-43) "Secretary" means the Secretary to the
North Carolina Structural Pest Control
Committee.
(42) (43) "Service vehicle" means any vehicle
used to transport the licensee or certified
applicator or serviceman and/or their equip-
ment and pesticides used in providing struc-
tural pest control services.
(43) (-44) "Slab-on-ground" means a concrete
slab in which all or part of that concrete slab
is resting on or is in direct contact with the
ground immediately beneath the slab.
(44) (-44) "Solid masonry cap" means a contin-
uous concrete or masonry barrier covering
the entire top. width and length, of any wall,
or any part of a wall, that provides support
for the exterior or structural parts of a
building.
(45) (-46) "Space spray" means any pesticide re-
gardless of its particle size, which is applied
to the atmosphere within an enclosed space
in such a manner that dispersal of the pesti-
cide particles is uncontrolled. Pesticidal fogs
or aerosols, including those produced by
thermal-aerosol generators (fogging ma-
chines), shall be considered space sprays.
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(46) (-4^ "Spot fumigation" means the applica-
tion of a fumigant to a localized space or
harborage within, on. under, outside of, or
adjacent to, a structure for local household
pest or rodent control.
(47) f4$4 "Spot surface residual spray" means
the application of pesticidal spray directly to
a surface and only in specific areas where
necessary and in such a manner that the
pesticidal material will largely adhere to the
surface where applied and will remain toxic
to household pests or rodents or other pests
for which applied for an extended period of
time.
(4<S) (49} "Structure" means all parts of a
building, whether vacant or occupied, in all
stages of construction.
(49) (4©4 "Structural pests" means all pests that
occur in any type of structure of man and
all pests associated with the immediate en-
virons of such structures.
(50) (444 "Sub-slab fumigation" means the ap-
plication of a fumigant below or underneath
a concrete slab and is considered spot fumi-
gation.
(51) (4^4 "Telephone answering service
location" means any location used for the
sole purpose of receiving telephone mes-
sages.
(52) (434 "Termiticide(s)" (as used in Rule
.0503, Subterranean Termite Control, and
Rule .0505, Subterranean Termite Pre-
vention) means those pesticides specified in
Rule .0502. Pesticides for Subterranean
Termite Prevention and or Control.
(53i (444 "To use any pesticide in a manner in-
consistent with its labeling" means to use
any pesticide in a manner not permitted by
the labeling. Provided that, the term shall
not include:
(A) applying a pesticide at any dosage, con-
centration or frequency less than that
specified on the labeling:
(B) applying a pesticide against any target pest
not specified on the labeling if the appli-
cation is to the site specified on the label-
ing, unless the EPA has required that the
labeling specifically state that the pesticide
may be used only for the pests specified
on the labeling:
(C) employing any method of application not
prohibited by the labeling.
(54) (4>4 "Type of treatment" means the
method used to apply a pesticide formu-
lation to a specific location.
(55) (4H "Unauthorized personnel" means any
individual or individuals not given specific
authorization by the licensee or certified ap-
plicator to areas to which access is restricted
by these regulations.
(56) (4?4 "Under direct supervision of means
the act or process whereby application of a
pesticide is made by a competent person
acting under the instructions and control of
a licensee or certified applicator who is re-
sponsible for the action of that person and
who is available if and when needed, even
though such licensee or certified applicator
is not physically present at the time and
place the pesticide is applied.
(57) (r*fy "Waiver" means a standard form pre-
scribed by the committee which will, when
completed correctly, permit the licensee to
deviate from or omit one or more of the
minimum treatment methods and proce-
dures for structural pests which are set forth
in the committee rules, regulations, defi-
nitions and requirements.
(58) f4Q4 "Wood-destroying insect report" me-
ans any written statement or certificate is-
sued, by an operator or his authorized agent,
regarding the presence or absence of wood-
destroying insects or their damage in a
structure.
(59) (404 "Wood-destroying organism" is an
organism such as a termite, beetle, other in-
sect, or fungus which may invade, inhabit,
devour, or destroy wood or wood products
and other cellulose material found in, on,
under, in contact with, and around struc-
tures.
(6(1) (-£4-4 "Wood-destroying organism report"
means any written statement or certificate
issued, by an operator or his authorized
agent, regarding the presence or absence of
wood-destroying organisms or their damage
in a structure.
Statutory Authority G.S. 1 06-65. 29.
SECTION .0300 - LICENSING AND
CERTIFICATION
.0301 FEES
(a) License, certified applicator's identification
card, and operator 's registered technician's iden-
tification card fees shall not be prorated. All li-
cense, certified applicators identification card
and operator's registered technician's identifica-
tion card fees shall be paid, in full, in advance of
the examination.
(4h -Nt* license, certified applicator's identified
t+t*ft card, p* operator's identification «h4 shall
be issued e* rone v. ed. &f (4*e results ef aft exam
ination made known where the fee is tendered ift
10
5:1 XORTH CAROLI.XA REGISTER April 2. 1990
PROPOSED RULES
the form ef a personal check until 4*e check has
cleared tfo* bank.
(b) (e) Personal checks for fees returned unpaid
for any reason shall be treated in the same man-
ner as though no fee had been tendered.
(c) (4) All moneys tendered in payment of fees
shall be in the exact amount required for said
fees.
Statutory Authority G.S. 106-65.29.
.0302 APPLICATION FOR LICENSES AND
CARDS: EXAMINATION
(a) Application for licenses under the pro-
visions of G.S. 106-65. 26(a) and (c):
(4-9} Any applicant fof a license who foils te-
paw a» examination may tafo* ©fte re ex
aminution ©» » regularly scheduled exam
ination date within »fte year from Ae date
ef t4» f+fst- examination without paying
another examination foe-
(10) (4-fo All applicants passing the
examination(s) for licenses shall apply for
said licenses within six months from the
date on which the examinations were
passed. If such applicants fail to make
application for said licenses, within the
specified period, such applicants shall be
required to take and satisfactorily pass re-
examinations covering phases of structural
pest control work for which licenses were
applied before said licenses are issued.
(444, Any applicant who fo4s a» examination
may obtain h+s score from tfo» committee
secretary, 4 application therefor is made
m writing within 60 days from t4*e 4ate ef
ttte committee secretary's written notice
to tfo* applicant t4 fos failure.
(11) (44) If an applicant [within 60 days after
notification that he has failed an
examination] requests to review the
examination(s), the division shall allow
such review tfte examination^) with tfo>
applicant during the earliest possible reg-
ular review session.
(b) Application for certified applicator's iden-
tification card under the provisions of G.S. 106-
65.26(a) and (b):
(4) Any applicant fc* a certified applicator's
identification eaf4 who foas te pass aft
examination fway- t+4a» t+fte re examination
»ft a regularly scheduled examination date
within »fte yea? from 4a* date t4 4a» f+fst-
examination without paving another e*-
ami nation foer
(5) (4) All applicants passing the
examination(s) for certified applicator's
identification cards shall apply for said
cards within six months from the date on
which the examinations were passed. If
such applicants fail to make application
for said certified applicator's identification
cards within the specified period, such
applicants shall be required to take and
satisfactorily pass re-examinations cover-
ing phases of structural pest control work
for which certified applicator's identifica-
tion cards were applied before said cards
are issued.
(6) (4) Upon receipt of the application for
examination, the committee secretary
shall provide the necessary forms for the
applicant to pre-register for the examina-
tion as required in Rule .0302(c).
(21 f$ Rule .0302(a)(2), (3), (5), (6), (7), (12)
and (13) of this Section shall also apply
to all applicants for certified applicator's
identification cards.
Statutory Authority G.S. 106-65.29.
.0304 BRANCH OFFICE (REPEALED)
Statutory Authority G.S. 106-65.29.
.0305 FILING FORMS
!«■ order t» carry taa 4» provisions ef G.S.
106 65.25 a«4 fo 4h* interest »£ 4w public a«4
structural pest- control licensees, an4 certified ap-
plicatoro, all operator's identification eaf4 appli
cations filed pursuant k* G.S. 106 65.31, a»4 all
license a«4 certified applicator's identification
eaf4 applications All applications for a structural
pest control license, certified applicator's card or
registered technician's identification card shall be
made on forms prescribed by the division. In-
complete forms shall be returned to the appli-
cant. No license, w certified applicator's
identification card, or operator's registered tech-
nician's identification card shall be issued, *;*»-
newed, &* re issued until completed forms and
required fees are received by the office &£ 4a»
structural pest- control division.
Statutory Authority G.S. 1 06-65. 29.
.0306 MAILING OF RENEWAL FORMS
On or before May 1 of each year the structural
pest- control division shall forward renewal forms
prescribed by 4+e division, fo+ licenses, certified
applicator's identification cards, aftd operator's
identification cards to all holders of licenses and
identification cards for their use in applying for
renewal of said licenses, certified applicator's
identification cards, and/or operator's registered
5:1 NORTH CAROLINA REGISTER April 2, 1990
11
PROPOSED RULES
technician's identification cards. Mailing of these
forms shall be the only notice for renewal.
Statutory Authority G.S. J 06-65. 29.
.0310 COLLECTION OF CARDS OF FORMER
EMPLOYEES
(a) It shall he the responsibility of even' licen-
see who has requested certified applicator's iden-
tification cards and or operator's registered
technician's identification cards for employees to
notify the structural p*4 control division of all
employees whose employment has terminated
with that company prior to the end of the license
year. Such notification shall be mailed to the
structural pe**- control division not more than ten
days after termination of employment.
Statutory Authority G.S. 106-65.29.
.0313 INFORMATION ON REGISTERED
TECHNICIAN'S IDENTIFICATION CARDS
(a) Aft operator's A registered technician's
identification card shall contain, but not be lim-
ited to, the following information:
( 1 ) name of registrant;
(2) name of licensee or employer;
(3) name of licensee's company;
(4) address of licensee's company;
(5) license number and phase(s) of licensee;
(6) age, weight, height, color of hair and eyes
of registrant;
(7) job classification of card holder;
(8) issuance date, expiration date and license
year covered by card.
(b) The operator's registered technician's iden-
tification card and the license of the employer of
the card holder shall bear the same license num-
ber and license phase(s). Each operator s regis-
tered technician's identification card shall bear
only one license number, one company name,
and not more than three license phases.
(c) A licensee or non-commercial certified ap-
plicator applying for the issuance or renewal of
*ft operator's registered technician's identification
card for his employee shall certify to the division
that the employee has completed employee
training approved by the committee in structural
pest control work.
(d) In the event the committee approves em-
ployee training materials produced by the divi-
sion, such materials shall be purchased by all
structural pest control licensees and bv at least
one non-commercial certified applicator at each
huMness location at a cost determined by the
committee: provided, however, a licensee who is
performing work under the structural pest con-
trol license of another shall not be required to
purchase the training materials.
Statutory Authority G.S. 106-65.29.
.0317 LICENSE AND/OR CARD ISSUED TO
ADDRESS OR HOME OFFICE
The license and or certified applicator's identifi-
cation card shall be issued to the licensee and/or
certified applicator at the address of his branch
home office in North Carolina.
Statutory Authority G.S. 106-65.29.
.0318 CHANGE IN STATES OF LICENSEE
AND/OR CERTIFIED APPLICATOR
fe} When there is a transfer »f other change »f
ownership, management e* operation ef a busi
Hess e£ a licensee as provided » G.S.
106 65.27(c). tfte individual, firm, partnership,
corporation ©f other entity shall, within W days
designate » writing te tbe division, ifte name ef
ffte person responsible fof aftd i» charge el tftt*
structural pest control operations &f ««4 busmess
e* agency during Vfte 00 day period.
Statutory Authority G.S. 106-65.29.
.0319 FILING CALL OFFICE LOCATIONS
A complete listing of all telephone answering
service call office locations in North Carolina,
including complete names and addresses, shall
be filed with the committee secretary on or before
July 1 of each year by the licensee on a form
prescribed by the division. All deletions, addi-
tions, and other changes in telephone answering
service call office locations shall be filed with the
committee secretary, within 30 days of such
change, by the licensee, on a form prescribed by
the division. This form may be obtained bv
writing the North Carolina Department of Agri-
culture, Structural Pest Control Division. P.O.
Box 27647, Raleigh. NC 2^11 or bv calling
(9191 733-6100.
Statutory Authority G.S. 106-65.29.
.0320 DISPLAY OF LICENSE NUMBER ON
SERYICE VEHICLE
The license number and phase(s) of each licen-
see in charge of an a branch office or the com-
pany name of the licensee as specified in Rule
.0326 shall be prominently displayed on both
sides of all service vehicles of that branch office,
but shall not be required on vehicles used exclu-
sively in selling structural pest control work.
Vehicles requiring display of license number(s)
and phase(s) or company name shall bear such
display within 30 days after the date on which
12
5:1 M)RTH CAROLI.XA REGISTER April
1990
PROPOSED RULES
said vehicle(s) is required to be so identified. The
license number and license phase(s) or company
name displayed on said vehicles of a branch an
office shall be the same as the license number and
license phase(s) or company name borne by the
license or the person in charge of that branch
office. All said vehicles of a company may bear
the same license number even though the com-
pany may have more than one licensee or branch
office; provided, however, notice is made in
writing annually to the committee and the com-
mittee approves the license number used in such
cases. The license number and license phase(s)
or company name and all other letters displayed
on said vehicles, shall be a minimum of two
inches in height, in bold print on a background
of contrasting color. The license number shall
be designated as: North Carolina Pest Control
License No. . This may be abbreviated
to N.C. Pest Control Lie.
Statutory Authority G.S. 106-65.29.
.0322 EXPIRATION OF LICENSES AND
CARDS (REPEALED)
Statutory Authority G.S. 106-65.29.
.0323 DISPLAY OF LICENSE AT PLACE(S)
OF BUSINESS
All structural pest control licenses shall be kept
at the business address on the license. In the case
of a non-resident license holder, the license shall
be kept at the branch office shown on license
certificate, unless authorization is obtained from
the division to keep the license at the address of
the resident agent. All licenses shall be subject
to inspection by the enforcement agency division
anytime during regular business hours.
Statutory Authority G.S. 1 06-65. 29.
.0326 INFORMATION ON LICENSE
CERTIFICATE
(a) The license certificate shall contain, but not
be limited to, the following information:
(3) address of branch office,
Statutory Authority G.S. 106-65.29.
SECTION .0500 - WOOD-DESTROYING
INSECTS
.0505 SUBTERRANEAN TERMITE
PREVENTION/RES. BLDGS UNDER
CONST.
(a) Basement or Crawl-Space Construction
(1) Trout the &e4i Establish a vertical barrier in
the soil along inside of the main founda-
(2)
tion wall; the entire perimeter of all mul-
tiple masonry chimney bases, pillars,
pilasters, and piers; and both sides of par-
tition or inner walls with a termiticide
from the top of the grade to the top of the
footing.
After a building or structure has been
completed and the excavation filled and
leveled, so that the final grade has been
reached along the outside of the main
foundation wall, treat the soil establish a
vertical barrier in the soil adjacent to,
along and not more than eight inches
from, the outside of the main foundation
wall with a termiticide from the top of the
grade to the top of the footing; except
that, where drain tile, french drains or
other foundation drainage systems present
a hazard of contamination outside the
treatment zone, treatment shall be per
formed in a manner that will not intro-
duce termiticide into the drainase system.
m
Treat ail- voids ef mason ry foundation
walls, piers, pillars, pilasters, chimneys,
and other supporting &f attached ««+*■
masonry structures except where voids a#e
te- be capped with a solid maso nry ea»
consisting e£ solid concrete of masonry.
(3) (-I-)- Treat soil Kstablish a horizontal barrier
in the soil within three feet of the main
foundation, under slabs, such as patios,
walkways, driveways, terraces, gutters,
etc., attached to the building. Treatment
shall be performed before slab is poured,
but after fill material has been spread.
(4) (4} T-feat so4 Establish a horizontal barrier
in the soil under the entire surface of floor
slabs, such as basements, porches, en-
trance platforms, garages, carports,
breezeways, sun rooms, etc. The treat-
ment shall be performed before slab is
poured but after fill material has been
spread.
[_5j f6} Tfeat soil Establish a vertical barrier in
the soil around all critical areas, such as
expansion and construction joints and
plumbing and utility conduits, at their
point of penetration of the slab or floor
or. for crawl space construction, id the
point of contact with the soil.
(6) h concrete slabs are poured prior to treat-
ment, treatment of slabs shall be per-
formed as required by Rule .fl 503(a) or
(b): Except that; the buyer of the prop-
erty may release the licensee from further
treatment of slab areas under this Rule
provided such release is obtained in. writ-
ing on the form prescribed by the Divi-
5:1 NORTH CAROLINA REGISTER April 2, 1990
13
PROPOSED RULES
sion. This form may be obtained by
writing the North Carolina Department
of Agriculture^ Structural I'est Control
Division, P.O. Box 27647, Raleigh, NC
2761 1 or by calling (9191 733-6100.
Statutory Authority G.S. 106-65.29.
.0506 SUBTERRANEAN TERMITE
PREYENTION/COML. BLDGS. UNDER
CONST.
(a) All treatments performed pursuant to Rule
.0506 shall be performed at the label recom-
mended rate and concentration only.
(b) Minimum Treatment Requirements:
(1) Establish a yertical barrier in the soil along
inside of the main foundation wall; the
entire perimeter of all multiple masonry
chimney bases, pillars, pilasters, and piers;
and both sides of partition or inner walls
with a termiticide from the top of the
grade to the top of the footing.
(2) After a building or structure has been
completed and the excavation filled and
leyeled, so that the final grade has been
reached along the outside of the main
foundation wall, establish a yertical barrier
in the soil adjacent to, along and not more
than eight inches from, the outside of the
main foundation wall with a termiticide
from the top of the grade to the top of the
footing; except that, where drain tile,
french drains or other foundation drainage
systems present a hazard of contamination
outside the treatment zone, treatment
shall be performed in a manner that will
not introduce termiticide into the drainage
system.
(3) Establish a horizontal barrier in the soil
within three feet of the main foundation,
under slabs, such as patios, walkways,
driyeways, terraces, gutters, etc. Treat-
ment shall be performed before slab is
poured, but after fill material has been
spread.
(4) Establish a yertical barrier in the soil
around all critical areas, such as expansion
and construction joints and plumbing and
utility conduits, at their point of pene-
tration of the slab of floor or, for crawl
space construction, at the point of contact
with the soil.
(5) If concrete slabs are poured prior to treat-
ment, treatment of slabs shall be per-
formed as required by Rule .0503(a) or
(b).
Statutoty Authority G.S. 106-65.29.
SECTION .0600 - WOOD-DESTROYING
ORGANISMS AGREEMENTS
.0605 CONTRACTUAL AGREEMENTS WOOD-
DESTROYING ORGANISMS
(a) All agreements for the control and or pre-
yention of wood-destroying organisms in existing
structures shall be in writing. A copy of the ex-
ecuted written agreement and waiver (if applica-
ble) pertaining to said treatment(s) shall be
presented to and furnished the property owner
or his authorized agent, for acceptance, and shall
clearly set forth or include the following:
(2) Exact location of inspected property in-
spected and or treated:
(e) If the licensee provides preventive
treatment(s) for subterranean termites to a
structure(s) for someone such as a builder or
construction company who is constructing the
building(s) for someone else or with the purpose
of offering the building(s) for sale, the licensee
may enter into a single master agreement with the
builder to provide the preventive treatment(s) for
subterranean termites. This single master agree-
ment shall include the following:
(2) That information required in Rules
.0605(d)(4), (5), (6), (7), (S), (9), (10),
(11), aft4 (12), and (13) of this Section.
(f) When a structure is treated under an a single
master agreement with a builder, a»4 tke buyer
ef sa*4 treated structure, ©f h+s authorized agent
is- issued a- written agreement. tfe# written agree
ment issued tfee buyer shall include fee following:
the licensee shall:
( 1) Following completion of the treatment,
and upon notification by the builder or
buver, issue a written agreement to the
initial u>r jv Mi.- -.'. ntten .ija-iiuiii is-
sued to the buver shall include the fol-
lowina:
(A) f4-4 Complete name and address of the
builder, or his authorized agent as it ap-
pears on the builder's single master agree-
ment;
i B) (-3-)- That information required in Rules
.0605(d)(1). (2). (3). (4). (5), (6), (7), (8),
(9). and (11) a«4 (444 of this Section. The
builder shall be issued a copy of any writ-
ten agreement issued the buyer. 44**
builder's copy shall *k*v show t4+e total
price charged fof t+H* treatment. Rule
.060 |(u) t4" fei* Section 4«il ake l»e- foi-
lovied.
(2) Maintain a record of each treatment per-
formed on each structure to include the
following information:
(A) Exact location of the structure treated:
14
5:1 XORTH CAROLLXA REGISTER April 2, 1990
PROPOSED RULES
(B) Date each treatment was performed;
(C) The portion(s) of the structure treated.
Statutory Authority G.S. 106-65.29.
SECTION .0900 - DUTIES AND
RESPONSIBILITIES OF LICENSEE
.0904 PROHIBITED ACTS
(b) The use of North Carolina Stato a struc-
tural pest control license(s), e* certified
applicator's identification card(s), e* operator's
registered technician's identification card(s) or li-
censee identification card(s) for any purpose
other than identification is prohibited.
(d) No licensee shall advertise, in any way or
manner, as a contractor for structural pest con-
trol services, in any phase(s) of work for which
he does not hold a valid license(s) as provided for
under G.S. 106-65. 25(a), unless said Licensee shall
hold a valid certified applicator's identification
card or operator's registered technician's identifi-
cation card, as provided for under G.S.
106-65.31, as an employee of a person who does
hold a valid state license(s) covering phases of
structural pest control work advertised.
(f) No licensee, ef certified applicator or oper
ator's registered technician's identification card
holder shall advertise or hold himself out in any
manner in connection with the practice of struc-
tural pest control as an entomologist, plant pa-
thologist, horticulturist, public health engineer,
sanitarian, and the like, unless such person shall
be qualified in such field(s) by required profes-
sional and educational standards for the title-
used.
Statutory Authority G.S. 106-65.29.
SECTION .1000 - TIME FOR FILING
COMPLAINTS
.1004 PROHIBITION AGAINST ASSOCIATION
OF SUSPENDED OPERATOR
Any person who has been denied a North Ga-
rolina State structural pest control license, et
certified applicator's identification card or opera
tor's registered technician's identification card for
any of the reasons specified in G.S. 106-65. 26(d)
and or G.S. 106-65. 31(b), or who has had his li-
cense, ef certified applicator's identification card
or operator's registered technician's identification
card revoked, or whose license, ef certified
applicator's identification card or operator's reg-
istered technician's identification card is under
suspension under the provisions of G.S.
106-65.28, or while acting as a member, officer,
director, associate or employee of any structural
pest control partnership, corporation, firm or as-
sociation participating in any of the prohibited
acts of these Rules aft4 Regulations or the
Structural Pest Control Law for which the li-
cense, ©f certified applicator's identification card
or operator's registered technician's identification
card was denied, suspended or revoked, shall be
prohibited from serving as an officer, director,
associate, or employee of a licensee and shall not
participate in any phase of structural pest control
work covered by said suspended or revoked li-
cense or card.
Statutory Authority G.S. 106-65.29.
SECTION .1 100 - INSPECTION FEES
.1102 DESIGNATION OF DEVIATIONS
(a) Pof the purpose ef- these rules a«4 regu
lations a discrepancy shall mean failure ef the h-
censoo e? certified applicator te- follow at*y- rule,
regulation, e* requirement as herein before set
forth.
(a) fb> The committee shall designate such tfc-
crepuncies as major a&4 minor discrepancies all
deviations as either primary or secondary and
shall furnish notify each licensee and certified
applicator a copy of its the designations.
(b) (e) If a discrepancy deviation is found by the
enforcement agency, division, the agency division
shall notify the licensee or certified applicator re-
sponsible for the discrepancy deviation on an in-
spection report or other form(s) prescribed by the
committee. All such discrepancies deviations
shall be corrected within 30 days of written notice
from the enforcement agency division and the
enforcement agency division notified, in writing,
when this has been accomplished. Failure of the
licensee or certified applicator to correct all such
discrepancies deviations within this 30-day pe-
riod, is a ground for disciplinary action by the
committee. The committee secretary may, upon
written request and for good cause shown, extend
the period for correcting such discrepancies, de-
viations.
Statutory Authority G.S. 106-65.29.
.1103 RE-INSPECTIONS
(a) If a major discrepancy, primary deviation,
as defined by the committee, is found by the di-
vision, the licensee or certified applicator re-
sponsible for said discrepancy deviation shall be
notified, in writing, as specified in Rule .1 102 (e)
(b) of this Section of the discrepancy, deviation.
At the end of 30 days from the date of notifica-
tion a reinspection shall be made by the division
to determine if the discrepancy deviation has
been corrected. The licensee or certified appli-
5:1 NORTH CAROLINA REGISTER April 2, 1990
15
PROPOSED RULES
cator responsible for the discrepancy deviation
shall be charged a fee often dollars ($10.00) for
the reinspection. The disclosure of a major dis-
crepancy primary deviation by the division shall
require a reinspection and correction of the major
discrepancy primary deviation before the date of
reinspection shall not relieve the licensee or cer-
tified applicator of the responsibility to pay the
reinspection fee as heretofore set forth. If the
major discrepancy primary deviation is not cor-
rected on the first reinspection date, the licensee
or certified applicator shall be notified, in writing,
and a second reinspection shall be made at the
end of 30 days from the date of notification. A
fee of fifty dollars ($50.00) shall be charged the
licensee or certified applicator for the second re-
inspection. If the major discrepancy primary
deviation is not corrected on the second rein-
spection date, the licensee or certified applicator
shall be notified, in writing, and a third rein-
spection shall be made at the end of 30 days from
the date of notification. A fee of one hundred
dollars ($100.00) shall be charged the licensee or
certified applicator for the third reinspection.
This reinspection procedure shall be repeated at
30-day intervals thereafter until all major dis-
crepancies primary deviations have been cor-
rected. A fee of one hundred dollars ($100.00)
shall be charged the licensee or certified applica-
tor for each reinspection made after the date of
the third reinspection. If more than one major
discrepancy primary deviation is found on a job
at any time by the division or committee, the li-
censee or certified applicator shall be charged
only one reinspection fee for each reinspection
of the job. .AH such reinspection fees, as set forth
herein, shall be paid within 30 days of written
notice from the division or the committee. Fail-
ure of the licensee or certified applicator to pay
all such fees, within the time specified herein, is
a ground for disciplinary action by the commit-
tee.
(b) If a minor discrepancy, secondary devi-
ation, as defined by the committee, is found by
the enforcement agency, division, the licensee or
certified applicator responsible for said discrep
ancy deviation shall be notified, in writing, as
specified in Rule .1102 (e) (_b_) of this Section, of
the discrepancy, deviation. At the end of 30
days from the date of notification, a reinspection
shall be made by the enforcement agency division
to determine if the discrepancy deviation has
been corrected. If all minor discrepancies sec-
ondary deviations are not corrected on the first
reinspection date, the discrepancies deviations
shall become major discrepancies primary del-
ations and handled thereafter as specified in Rule
.111)3 (a) of this Section.
Statutory Authority G.S. 106-65.29.
TITLE 4 - DEPARTMENT OF ECONOMIC
AND COMMUNITY DEVELOPMENT
Ivotice is hereby given in accordance with G.S.
I SOB- 12 that the Sorth Carolina Banking Com-
mission intends to amend rule (s J cited as 4
NCAC 3C .0901 - .0903, .1001 - .1002; 3D .0301.
1 he proposed effective date of this action is A u-
gust 1, 1990.
Th
he public hearing will be conducted at 8:00
a.m. on May 3, 1990 at Sorth Carolina Banking
Commission. Dobbs Building - 6th Floor (Room
62 10 J, 430 Sorth Salisbury Street, Raleigh, Sorth
Carolina.
Co
■ ommeni Procedures: Comments must be sub-
mitted in writing not later than Friday, April 27,
1990. Written comments should be directed to:
L. McNeil Chestnut
General Counsel
Sorth Carolina Banking Commission
Post Office Box 29512
Raleigh. Sorth Carolina 27526-0512
CHAPTER 3 - BANKING COMMISSION
SUBCHAPTER 3C - BANKS
SECTION .0900 - OPERATIONS
.0901 BOOKS AND RECORDS
Each bank shall keep in permanent form, and
available for examination by the representatives
of the Commissioner of Banks, books and re-
cords which reflect all the transactions of the
bank in its true financial condition. Such records
shall be so kept as to permit and facilitate a
speedy examination, which will, in turn, reflect
such financial condition to the representatives of
the Commissioner of Banks. Without implying
that these are the only books and records to be
kept, but. on the contrary, that these are neces-
sary books and records, as well as other books
and records usually kept, the following are re-
quired to be kept in the bank unless otherwise
approved bv the Commissioner of Banks:
I 1 ) Fach commercial bank or branch thereof
in which notes or other forms of similar ob-
ligations are retained must keep a an alpha-
". -I liubilit; ledgei in th+s '.'u.vi &ege
must be shown separately the direct a«4 m-
16
5:1 SORTH CAROLI.XA REGISTER April 2, 1990
PROPOSED RULES
direct obligations ef each person indobtod t»
t«e bank. Where the total direct and indi
r-i-\ ,>t liwui' . ' / •* nnl ^^^^x^^L t ■ at-1 < li rn i .-■ 'hi /i rlnll'irr
I \.^. I 111 H. J UU 11UI CTTC^CTT IV 1 1 t J 1U UJU1 1 VJ- oTTTTTTTTT
($10,000.00), the indirect hfte seee set he
shown. The direct hfte liability ledger must
be kept in balance with the general ledger
control. In a commercial bank whose au-
tomated record system is not able to pro-
duce an alphabetical liability ledger the bank
must be able to produce an alphabetical
listing of borrowers showing all of a cus-
tomer's loan or customer account numbers
and the amount outstanding under each
number when called upon bv the Commis-
sioner of Banks or his duly authorized agent.
Jn addition to the direct liability ledger, each
commercial bank or branch thereof in which
notes or other forms of similar obligations
are retained must keep an alphabetical indi-
rect liability ledger showing a customers in-
direct obligations bv loan name or account
number and the balance outstanding under
each account. Where the total of the direct
and indirect lines do not exceed ten thou-
sand dollars ($10.000), the indirect line may
be omitted from the indirect liability ledger.
The indirect liability ledger must be updated
at least monthly Each commercial bank
shall have the ability to produce both the
direct and indirect liability ledgers in hard
copy form upon call bv the Commissioner
of Banks or his duly authorized agent.
(2) A permanent reconcilement record must
be kept, showing the monthly reconciliation
of each account with correspondent banks.
A signed review of such reconciliations must
be made by some officer or employee of the
bank other than the person composing
same.
(3) A permanent record must be kept of all
stocks and bonds bought or sold. Also,
there must be retained for review by exam-
iners all original invoices of purchases and
sales of securities. The record must show
dates of purchases and sales, interest rates,
maturities, par value, cost value, all write-
ups or write-downs, a full description of the
security, from whom purchased, to whom
sold, selling price, and when, where and why
pledged or deposited. This record must be
maintained in balance with the general led-
ger control.
(4) A permanent record must be kept of all
articles deposited for safekeeping. This re-
cord must be se- maintained so as to make
it possible to easily verify or trace any article
se deposited. Receipts must be given and
taken for all articles deposited or delivered.
Inventor,' An inventory of parcels is not re-
quired.
(5) A permanent record must be kept of all
items charged off. All chargeoffs must be
authorized or approved by the executive
committee or by the board of directors and
such action recorded in their minutes. This
record, among other things, must show the
date of the chargeoff, a description of the
asset and the amount. The record must be
supported by the actual charged off items,
or the final disposition of same, any item.
In this record must also be recorded all re-
coveries, giving dates and amounts. This
Rule shall also apply to trust department
chargeoffs which may be authorized and
approved bv the trust committee of the
board of directors.
(6) A real estate record must be kept on all
parcels owned, including the banking house.
This record must show when, from whom,
and how the property was acquired; date,
cost price, book value, detailed income and
detailed expenses. This record should be
supported by appraisals, title certificates
showing assessed value, tax receipts, and in-
surance policies.
(7) Proper minutes, showing clearly its action,
must be kept for each committee, board of
directors, board of managers, and stock-
holders' meetings. All minutes must be
signed by the chairman and the secretary of
this meeting.
(8) A permanent daily record must be kept of
all cash items held over from the day's busi-
ness, including all checks that would cause
an overdraft if handled in the regular way.
This record must show the name of the ac-
count on whom the item is drawn or is ob-
ligated for payment, the reason the item is
being held, the date the item was placed in
the cash items account, and the amount of
the item. This record must be a daily record
showing only those items held over at the
business and be kept in
with the general ledger or control
end of each day'?
balance
figure.
(9) A detailed record of income and expenses
must be kept, balanced monthly, and a re-
port thereof made to the executive commit-
tee or board of directors, and the receipt of
same noted in their minutes.
(10) In the discretion of the Commissioner of
Banks, he may require the preparation or
maintenance of further books or records by
specific banks or branches thereof.
(11) Each industrial bank, at the tH«e ef the
preparation ef oach ettll when preparing a
5:1 NORTH CAROLINA REGISTER April 2, 1990
r
PROPOSED RULES
report of condition and income, must pw-
pun* include and make a part of such this
report a list of those whose obligations to
the bank, whether ouch the obligations be
are direct or indirect, »f »f and including
paper purchased by the bank, are in excess
of ten percent of capital, a»4 surplus, sur-
plus and undivided profits. In lieu of such
» report, this list, the bank must maintain a
liability ledger in accordance with Sub-
section (1) of this Rule. Any commercial
bank making installment loans may, with
reference to such installment loans, make the
report specified in this section in lieu of the
liability ledger required under Subsection (1)
of this Rule.
Statutory Authority G.S. 53-92; 53-110;
150B-1I(1).
.0902 REQUIRED ACCOUNTS
In order that the books and records of the bank
may properly reflect all of its liabilities, the fol-
lowing reserve accounts must be set up and be
properly maintained by all banks:
( 1 ) Reserve for Interest Due Depositors. This
reserve must be set up and proper entries
made thereto at least once each month. As
interest is paid to depositors, such payments
shall must be charged to this account. Each
month, as credits are made to this reserve,
the amount should be charged to interest
paid to depositors' accounts.
(2) Reserve for Unearned Interest on Loans.
All interest collected on notes must be cred-
ited to this account on the day it is collected.
At least once each month earned interest
must be computed, be charged to this ac-
count, and be credited to earned interest ac-
count. Provided however, this
Subparagraph does not apply to loans where
interest is accounted for through an income
earned not collected account.
(3)
Reserve for Taxes, Insurance, Etc. Based
upon available information, including past
experience, the approximate sum to be re-
quired for taxes of all kinds and for insur-
ance, including surety bond premiums, for
all purposes for the year, must be estimated
and this account must be credited at least
once each month, and debits made to ex-
pense accounts, for one-twelfth of the total.
All payments for taxes and insurance, when
made, must be charged to this reserve ac-
count. Provided, however, in lieu of using
a reserve account, a prepayment account
may be established for insurance, and
monthly charges made to the account to
expense the appropriate amount.
(4) Reserve for Depreciation. In order that the
values carried on the books of the bank re-
presenting fixed assets may be as nearly cor-
rect as possible, each bank must set up and
properly maintain a reserve for depreciation.
Credits must be made to this account at least
once each month for one-twelfth of the an-
nual rate permitted for that particular asset
by the United States Internal Revenue Ser-
vice.
(5) Bond Income Earned; Not Collected. At
least once each month, the income on bonds
earned during the month shall be charged to
this account and credited to the bond in-
come account. As coupons are collected,
they shall be credited to this account.
Statutory Authority G.S. 53-92; 53-110;
150B-1K1).
Eff. February 1, 1976.
.0903 RETENTION: REPRODUCTION AND
DISPOSITION OK BANK RECORDS
(a) Each bank or branch thereof shall keep and
retain in some safe and secure place the books,
ledgers, records, and documents hereinafter set
forth for the periods specified.
Bank Records to
be Retained
ACCOUNTING
Minimum
Retention Period
1. Daily Reserve Calculation
and Averages 3 years
2. Difference Records
(Over/Short) 2 years
3. Paid Bills and Invoices 3 years
4. Quarterly Report of Condition
and Income and Supporting
Work Papers 5 years
&: Quarterly Report e£
Income a«4 Supporting
Work Papers ^ years
6t Report ef I iquidity 2 years
ADMINISTRATIVE
1. Documentation of Chareed-off
Assets
10 years
Escheat Reports and
Records
10 years
Minute Books of Meetings
of Stockholders, Directors,
and Executive Committee
Permanent
18
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
AUDIT
Audit Reports (Internal and
i
1
2
External) and Directors'
3
Examinations
3 years
Audit Work Papers
4
(Internal)
3 years
BANK PROPERTIES
1. Fixed Assets-Evidence of
Ownership (After
Acquisition)
2. Fixed Assets- Leases
(After Termination)
3. Real Estate-Construction
Records
4. Real Estate- Deeds
5. Real Estate-Leases
(After Termination)
5 years
5 years
5 years
Until conveyed
CAPITAL
1. Capital Stock Certificate
Books, Stubs, or Interleaves
2. Capital Stock Ledger
3. Capital Stock Transfer
Register
4. Proxies
COLLECTIONS
5 years
Permanent
Permanent
Permanent
3 years
Checks and Debits
Daily Report on Overdrafts
Deposit Resolutions
(After Closed)
Deposit Tickets and
Credits
5. Ledgers, Statements,
or Stubs
6. Letters of Administration
7. Posting or Transaction
Journals
8. Powers of Attorney
9. Return Item Records
10. Signature Cards
(After Closed)
11. Stop Payment Orders
1 2. Tax Waivers
13. Undelivered Statements
14. Unidentified or Unclaimed
Deposit Records
DUE FROM BANKS
1. Advise of Entry (After
Cleared)
2. Drafts (After Paid)
3. Draft Register or
Carbon Copy
4. Reconcilements
5. Statements
5 years
2 years
3 years
5 years
5 years
5 years
2 years
5 years
1 year
5 years
1 year
1 year
1 year
L'ntil escheated
3 months
5 years
Until paid
3 years
3 years
1. Collection Registers
(Income Incoming and
Outgoing)
2. Receipts and Advices
(After Closed)
CREDIT CARDS
1. Borrowing Authority
Resolutions (After
Closed)
2. Customer Application
(After Closed)
3. Disclosure and Compliance
Documents
4. Merchants' Agreement
(After Closed)
5. Posting or Transaction
Journal
6. Sales Tickets or Drafts
7. Statement of Account
DEMAND DEPOSIT AND
TRANSACTION ACCOUNTS
GENERAL LEDGER
3 years after
1. Daily Statement of
item paid or
Condition
5 years
returned
2. General Journal (If
Book of Original Entries,
1 year
with Descriptions)
15 years
3. General Ledgers
15 years
4. General Ledger Tickets
5 years
INSURANCE
3 years
1. Bankers Blanket Bond and
Excess
5 years
1 year
2. General Casualty Liability
Policies Expired
5 years
25 months
INTERNATIONAL
2 years
1. Bankers Acceptances
3 years
2 years
2. Collection Records
3 years after
3 years
item -paid or
5 years
3. Letters of Credit and
returned
Documents
3 years
after expiration
5:1 NORTH CAROLINA REGISTER April 2, 1990
19
PROPOSED RULES
4. Transfer Orders (Wire or
Written )
INVESTMENTS
1. Accrual and Bond
.Amortization or
Accretion Records
(After Period Ends)
2. Brokers' Confirmations,
Invoices, Statements
3. Ledgers
I year
3 years
3 years
3 years
LEASE RECEIVABLES (OTHER THAN
REAL ESTATE)
1. Lease Agreements and Documents
(After Termination) 5 years
2. Rental Payment Records 5 years
3. Record of Disposition of
Property 5 years
LEGAL JLDICIAL AUTHORIZATION
1. Attachments and or
Garnishments 10 years
2. Court Case Records (After
Einal Disposition) 10 years
3. Probate Court Appointment
(After Closed) 10 years
LOANS (COMMERCIAL. CONSLMER.
MORTGAGE)
1. Appraisals. Financing
Statements, and Title
Opinions Pertaining to
Collateral
2. Borrowins Resolutions
Until paid
3 years
after pavment
of debt
3. Credit Files (Financial
Statements. Applications.
Correspondence I
(After Paid)
4. Collateral Records (After
Released]
5. Interest Rebate Records
6. Liability Cards and or
Ledgers (After Closed)
7. Loan Ledger Cards or
History Sheets (After
Paid i '
S. Loan Proceeds Disbursement
Records
9. Loans Paid Record
J years
5 years
1 year
3 years
3 years
Until paid
3 years
10. Mortgage Files and
Supporting Documents
( After Paid)
11. Note and or Loan Register
(After Paid)
12. Posting or Transaction
Journal
MAIL
1. Insurance Records of
Registered and Certified
2. Registered and Certified
Records (In and Out)
3. Return Receipt Record
MISCELLANEOUS
1. Cash and Security Vault
Records-Opening,
Closing
2. Taxes-Returns and
Supporting Papers
3. Travelers Checks-
Applications
MONEY TRANSFER
1 . Copy of Incoming and
Outgoing Transfers
2. General Correspondence
3. Receipts and Advices
(After Closed)
4. Transfer Request Records
NIGHT DEPOSITORY
1 . Customer Agreement
(.After Closed)
2. Customer Receipt
3. Daily Inventory
OFFICIAL CHECKS
1. Official Checks (Dividend,
Cashiers. Expense. Loan)
and Monev Orders
(.After Paid)
2. Official Check Register or
Carbon Copy
3. Certified Checks or Receipts
(.After Paid )
4. Certified Check Register or
File Copy
2 years
3 years
2 years
1 year
1 year
1 year
6 months
3 years or until
cleared by IRS
and Dept. of
Revenue
1 \ear
1 year
1 year
1 year
1 year
1 year
1 year
1 %'ear
;> years
L'ntil paid or
escheated
5 years
L'ntil paid or
20
5:1 XORTH CAROLI.XA REGISTER April 2, 1990
PROPOSED RULES
5. Affidavits and Indemnity
pertaining to Issuance of
Duplicate Checks
PROOF AND TRANSIT
1. Advice of Correction
2. Cash Tickets
3. Outgoing Cash Letters and
Accompanying Items
(Microfilm)
4. Proof Sheets, Tapes, and
Listings
SAFE DEPOSIT
escheated
Permanent
6 months
6 months
2 years
2 years
I.
Access Records
(After Closed)
3 years
2
Box History Card
Permanent
3.
Contracts and Agreements
(After Closed)
3 years
4.
Forced Entry Records
10 years
SAFEKEEPING AND CUSTOMER
SECURITIES
1.
Broker Confirmations,
Invoices, Statements
3 years
2
Buv and Sell Orders
3 years
3.
Customer Contracts and
Agreements (After Closed)
3 years
4.
In and Out Records
(Movement of Securities)
3 years
5.
Safekeeping Receipts
(After Closed)
3 years
SAVINGS AND TIME DEPOSITS
1. Certificates of Deposit
Paid 5 years
2. Certificates of Deposit
Records (Register, Ledger,
Copy)
3. Daily Report of Overdrafts
4. Debits and Withdrawals
5. Deposit and Credit Tickets
6. Deposit Resolution (After
Closed)
7. Ledgers or Statements
8. Posting or Transaction
Journal
9. Signature Cards, Contracts,
and Agreements
(After Closed)
10. Undelivered Statements
Until paid or
escheated
2 years
5 years
5 years
3 years
5 years
1 year
5 years
1 year
11. Unidentified or Unclaimed
Deposit Records
TELLERS
1. Balance Sheets, Recaps, or
Records
2. Cash Item Report
3. Machine Tapes, Cash
Ticket Copies, Posting or
Transaction Journals
TRUST (Corporate)
1. Account Ledger or Record
2. Posting or Transaction
Journal
3. Bonds of Indemnity
4. Stock Certificates
(Cancelled)
5. Dividend Checks -- Paid
6. Dividend Check Register or
Carbon Copy
7. Bonds and Coupons --
Cancelled or Cremation
Certificates
8. Resolutions and
Authorizations
Until escheated
1 year
1 year
6 months
7 years after
account closed
7 years
Permanent
until returned to
corporation
5 years
Until paid
7 years after
paid or until
returned to
corporation
7 years after
account closed
TRUST (Employee Benefit)
L_ Accountings
2. Agreements, Authorizations
and Resolutions
3. Account I .edgcr or Record
4. Disbursement Checks
y Check Register or Carbon
l 'op.
6. Bonds of Indemnity
TRUST (Personal)
1. Accountings
2. Agreements and
Authorizations
3. Account Ledger or Record
6
years after
account closed
6
years after
account closed
6
years after
account closed
6 years
Until Paid
Permanent
3 years after
account closed
5 years after
account closed
7 years after
account closed
5:1 NORTH CAROLINA REGISTER April 2, 1990
21
PROPOSED RULES
4. Minutes of Committee
Meetings
5. Receipts for Assets
Delivered
6. Tax Return
7. Disbursement Checks
8. Check Register or Carbon
Copy
9. Bonds of Indemnity
Permanent
3 years after
account closed
10 years or
until IRS clears
5 years
Until paid
Permanent
Statutory Authority G.S. 53-92; 53-104; 53-110;
150B-11(1).
SECTION .1000 - LOAN ADMINISTRATION
AND LEASING
.1001 CREDIT INFORMATION
Each bank or branch thereof where notes are
retained must have the following information:
( 1 ) Current financial statements, obtained at-
least annually, dated within the preceding 18
months, and properly certified, must be on
file from those directly liable to the bank in
an amount of ten thousand dollars
($10,000.00) or more, which obligations are
unsecured, to the extent of ten thousand
dollars ($10,000.00), or secured only by en-
dorsements. This applies, also, to the en-
dorser where such endorsements are the
basis of credit . Whan* the maker e* endorser
» a person b£ well known financial standing,
a statement signed by- three members el tbe
board ef directors e* tbe executive commit
tee-r estimating the worth t4 tbe maker(s)
and or endorser(s), wall be acceptable m be»
»f a financial statement.
(2) This Subpart does not apply to loans se-
cured by real property:
(a) A written appraisal of all collateral to loans
must be made by the executive committee
or loan committee of the bank or branch,
or other reliable persons familiar with the
value of the collateral, and must be kept
on file where i» the bank t+f branch m-
which the note is lodged. All appraisals
must be renewed every 12 months, annu
aUvr except as required in (2)(d) of this
Rule.
(b) The appraisal must include:
(i) name of borrower,
(ii) date made,
(iii) value of collateral,
(iv) signatures of at least two persons mak-
ing the appraisal except as permitted in
(2)(e) of this Rule,
(v) brief description of collateral,
(vi) amount of prior lien,
(vii) original amount or outstanding bal-
ance of the loan.
(c) No appraisal is required:
(i) on collateral to notes of less than twenty
thousand dollars ($20,000.00);
(ii) on loans fully secured by obligations of
the United States or the State of North
Carolina;
(iii) on loans fully secured by deposits in the
bank making the loan;
(iv) on loans fully secured by the cash sur-
render or loan value of life insurance pol-
icies;
(v) on loans fully secured by bonded ware-
house receipts;
(vi) on loans fully secured by listed securi-
ties, unless such loans are within the pro-
visions of the Securities Exchange Act of
1934 as defined by Regulation "U," as
amended, of the Board of Governors of
the Federal Reserve System; On a loan of
this type, an appraisal must be made and
kept on file until the loan is paid;
(vii) on floor plan loans to dealers fully se-
cured by new automobiles, stationwagons,
vans, and trucks;
(viii) on discounted notes for a dealer where
the note is given as the purchase price of
an automobile, television set, washing
machine, or property of a like character.
(d) Appraisals need not be renewed annually:
(i) where an automobile, stationwagon, or
housetrailer is the sole collateral to a loan;
(ii) where a truck or van not exceeding
8,000 pounds empty weight is the sole
collateral to a loan.
(e) Appraisals may be signed by only one
person:
(i) where an automobile or stationwagon is
the sole collateral to a loan;
(ii) where a truck or van not exceeding
8,000 pounds empty weight is the sole
collateral to a loan.
(3) All real estate given as security to loans of
twenty thousand dollars ($20,000.00) or
over, whether directly or indirectly pledged,
must be appraised either by tbe executive e*
loan committee, ef by- »et- lew than hve
persons familiar with teal estate values m- tbe
community where tbe property py located.
This appraisal must be m writing, must be
dated, must be signed by- at- lea*4- twa> ef- tbe
persons, making such appraisal tm4 be »«■ file
m- t+ie bank. 4-be appraisal must state tbe
amount ef tbe loan, amount (4 prior 14e«*
a* disclosed b\- t4+e attorney's t+4e certificate.
7 }
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
value ef improvements thereon, insurance
carried, a«4 taxes 4b«7 an4 should doscribo
the property s» it may he easily identified:
Provided, however, that a» appraisal pef-
formed by a certified professional appraiser
having ne interest » the property may he
accepted m het± ef a» appraisal hy bank
personnel, ami further provided that such
independent appraisal moot the minimum
requirements provided above, two members
of the executive or loan committee who are
familiar with real estate values in the com-
munity where the property is located, or by
two bank employees who are familiar with
real estate values in the community where
the property is located and who are not in-
volved in the loan transaction secured by the
property being appraised, or singularly by a
State-licensed real estate appraiser or State-
certified real estate appraiser or a person
certified as a real estate appraiser by an ap-
praisal trade organization. The person
making an appraisal as provided by this
Rule must be selected by the bank. The
appraisal must be independent in that the
appraiser is not involved in the loan trans-
action secured by the property being ap-
praised and has no interest, financial or
otherwise, in the property. The appraisal
must be in writing, must be dated, must be
signed as required in this Subparagraph by
the person(s) making the appraisal, and be
on file with the loan documents. The ap-
praisal must state the basis or approach used
to determine the value of the property. A
bank's appraisal form must show the
amount of the loan, the current balance of
any prior liens disclosed by the attorney's
title certificate, segregate values of improve-
ments from values of land, and describe the
property so it may be easily identified. If a
professional appraisal form is used which
does not have all of the required information
in this Subparagraph, the bank must com-
plete and attach its own appraisal form,
signed by one of its employees, to the out-
side appraisal report disclosing the required
information.
(4) A certificate e4 title furnished hy a compe
tewt attorney at law t+f tith* insurance issued
hy a company approved hy the Commis
sionor &f Hanks must accompany each deed
©f tni' .t (*? mortgage given as security b»
feaes »f tea thousand" dollars (S10, 000.00)
ef o\ or. I -'or loans secured hv real property.
a certificate of title furnished bv a competent
attorney at_ law or title insurance issued by
a comp;in\' licensed bv the Commissioner
of Insurance must accompany each deed of
trust or mortgage given as security on loans
of twenty thousand dollars ($20,000) or
over. Provided that any loan which is based
primarily on the borrower's general credit-
worthiness and projected income, whether
or not accompanied by a deed of trust or
mortgage, is not considered a loan secured
by real property, and the first sentence of
this Subparagraph shall not apply to any
such loan.
(5) Where stock certificates, or similar securi-
ties, are accepted as collateral to loans, they
must be endorsed and witnessed in ink, or
accompanied by a power of attorney signed
and witnessed in ink. Where such collateral
is in the name of another, other than the
maker or endorser of the note, there must
be on file in the bank written authority from
the owner permitting the hypothecation of
the collateral.
(6) Loans made directly to corporations must
be supported by certified copies of resol-
utions of the board of directors of the cor-
poration, authorizing the making of such
loans.
(7) Loans made directly to partnerships unless
all- partners sign- me note, must be supported
by a declaration by the partners showing the
composition of the partnership a«4 the pro
portionato part owned hy each partner, and
unless all partners sign the note, the author-
ity of t» the partner partner(s) executing the
note to bind the partnership, therefor.
(8) Full credit information on all unlisted se-
curities, now owned or hereafter purchased
or acquired, must be secured and kept on file
in the bank.
Statutory
ISOB-U(l).
■luthority G.S. 53-92; 53-110;
.1002 LEASING OF PERSONAL PROPERTY
Each bank or branch thereof acquiring and
leasing personal property or personal property
subject to an existing lease together with the les-
sor's interest therein and incurring such addi-
tional obligations as may be incident to
becoming an owner and lessor of such property
may do so only when subject to the following
restrictions:
(1) Before the acquisition thereof upon the
specific request and for the use of the cus-
tomer the prospective lessee shall execute an
agreement to lease such property.
(2) During the minimum period of the lease,
terms require payment to the bank rentals
which in the aggregate will exceed the total
5:7 NORTH CAROLINA REGISTER April 2, 1990
23
PROPOSED RULES
expenditures by the bank for or in con-
nection with the ownership, maintenance,
and protection of the property. In deter-
mining the total expenditures under this
Regulation, a bank may deduct a realistic
residual value in determining the rentals to
be charged during the term of a lease agree-
ment. Anv unguaranteed portion of the es-
timated residual value relied upon bv the
bank to calculate total expenditures under
this Regulation may not exceed 25 percent
of the original cost of the property to the
■ssor. The amount of any estimated resi-
dual value guaranteed bv a manufacturer,
the lessee, or a third party, which is not an
affiliate of the bank, may exceed 25 percent
of the onginal cost of the property where the
bank has determined, and can provide full,
supporting documentation, that the guaran-
tor has the resources to meet the guarantee.
(3) The total leasing obligations or rentals to
any bank of any person, partnership associ-
ation, or corporation shall at no time exceed
the legal limit permitted by G.S. 53-48.
(4) The overall investment of the bank in such
property leased to all lessees shall at no time
exceed 200 percent of its unimpaired capital
fund as defined in G.S. 53-1(9).
(5) The bank shall at all times maintain ade-
quate protection by way of insurance or in-
demnity provided by the lessee, ©f both,
against toft liability &f liabilities »» warran
tie* as to such propertios.
(6) No such lease or other agreement shall ob-
ligate the bank to maintain, repair, or service
personal property in connection with any
lease held by it.
(7) No personal property acquired pursuant to
the ownership or lease of personal property
shall be included in the computable invest-
ment in fixed assets under G.S. 53-43(3).
(S) Rental payments collected by the bank un-
der lease arrangements shall be rent and shall
not be deemed to be interest or compen-
sation for the use of money loaned.
(9) I'pon expiration of any lease whether by
virtue of the lease agreement or by virtue of
the retaking of possession by the bank, such
personal property shall be re-let, sold, or
otherwise disposed of, or charged off within
one year from the time of expiration of such
lease.
Statutory Authority G.S. 53-92: 53-104;
150B-1K1).
SUBCHAPTER 3D - BANKS ACTING IN A
FIDUCIARY CAPACITY
SECTION .0300 - TRUST DEPARTMENT
.0301 DEFINITIONS
As used in this Section, the following definitions
apply:
(1) The term "trust business" shall be con-
strued to mean the business of settling es-
tates, administering trusts and guardianships
and performing agencies in all appropriate
cases for individuals; partnerships: associ-
ations: business corporations; public, educa-
tional, social, recreational, and charitable
institutions; and units of government.
(2) The term "trust" shall be construed to in-
clude, where the text does not indicate to the
contrary, all property held by the trust de-
partment of a bank in a fiduciary capacity.
(3) "Fiduciary" means a bank undertaking to
act alone or jointly with others primarily for
the benefit of another in all matters con-
nected with its duties and responsibilities as
trustee executor, administrator, registrar of
stocks and bonds, guardian of estates, assig-
nee, receiver, committee of estates of lunat-
ics, managing agent, and any other similar
capacity.
(4) "Managing agent" means the fiduciary re-
lationship assumed by a bank upon the cre-
ation of an account which confers
investment discretion on the bank and
which imposes upon it the fiduciary respon-
sibilities imposed upon executors, adminis-
trators, guardians, or trustees under will or
deed, but as to which the technical legal re-
lationship is that of agent and principal.
(5) The term "bank" shall be construed to in-
clude, where the text does not indicate to the
contrary, anv bank or nondepositorv trust
company acting as fiduciary.
Statutory Authority G.S. 53-92; 53-104;
150B-11(1).
******************
Ivotice is hereby given in accordance with G.S.
I SOB- 1 2 that the North Carolina Milk Commis-
sion intends to amend ride cited as 4 XCAC ,'
.0518.
1 he proposed effective date of this action is A u-
gust 1, 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 3, 1990 at Room 3147, Dobbs
24
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Building, 430 N. Salisbury Street, Raleigh, N.C.
27611.
Comment Procedures: Written comments, data,
opinions and arguments concerning the proposed
amendments must be submitted by May 3, 1990,
to the North Carolina Milk Commission, 430 N .
Salisbury Street, Raleigh, N.C. 276/1, Attention:
Grady Cooper, Jr., Executive Secretary.
CHAPTER 7 - MILK COMMISSION
SECTION .0500 - MARKETING REGULATIONS
.0518 ASSESSMENT
(a) For the purpose of defraying the expenses
of the Milk Commission there is hereby levied
an assessment of two- eeftts ($0.02) three cents
(SO. 03) per hundredweight on all milk handled
from all sources by the distributor and Vwe seats
($0.02) three cents ($0.03) per hundredweight on
all milk sold by producers. Each distributor shall
pay the assessment levied on him and shall de-
duct from producer payments the assessment of
twe- eeftte ($0.02) three cents ($0.03) per hun-
dredweight on all producer milk and pay all such
assessments to the Milk Commission.
(b) The distributor assessments on all milk sold
or transferred to other distributors where both
the shipping and receiving distributor are located
in an established marketing area shall be paid by
the first distributor. Milk received by a distribu-
tor from sources where no assessment by the
Milk Commission is in effect shall be included in
such distributor assessment.
(c) All assessments shall be paid to the Milk
Commission not later than the 18th day of each
month following the delivery period and shall be
deposited immediately in the designated State
Depository' to the Treasurer of North Carolina
for credit to the "Milk Commission Account."
Statutory Authority
106-266.11; 106-266 J 2.
G.S.
106-266.8(7);
******************
1\ otice is hereby given in accordance with G.S.
1 SOB- 12 that the Division of Community Assist-
ance intends to amend rule(s) cited as 4 NCAC
190 .0102; .0202; .0301 -.0304; repeal rule(s)
cited as 4 NCAC 19Q .050 1 -.0503.
1 he proposed effective date of this action is
September I, 1990.
1 he public hearing will be conducted at 3:00
p.m. on May 10, 1990 at Second Floor Conference
Room, 1307 Glenwood Avenue, Suite 250, Ra-
leigh, N. C.
Co
omment Procedures: Comments may be pre-
sented at the hearing or submitted by mail to:
Deborah G. McCrae, Division of Community As-
sistance, 1307 Glenwood Avenue, Suite 250, Ra-
leigh, N. C. 27605.
CHAPTER 19 - DIVISION OE COMMUNITY
ASSISTANCE
SUBCHAPTER 19Q - EMERGENCY SHELTER
GRANTS PROGRAM ADMINISTRATIVE RULES
SECTION .0100 - GENERAL PROVISIONS
.0102 DEFINITIONS
The following terms shall apply to the rules of
this Subchapter:
(1) 'Act" means the Stewart B. McKinney
Homeless Assistance Act, P.L. 100-77, as
amended.
(2) '"Applicant" means a local government
which makes an application pursuant to the
provisions of this Subchapter.
(3) "ESGP" means the state-administered
Emergency Shelter Grants Program.
(4) "Local Government" means any unit of
general city or county government in the
state.
(5) "NRCD" "ECD" means the North Caro-
lina Department of Natural Resources Eco-
nomic and Community Development.
(6) "Recipient" means a local government that
has been awarded an ESGP grant and has
executed a Grant Agreement with NRCD.
ECD.
(7) "Secretary" means the Secretary of the
Department of Natural Rivjourcoo Eco-
nomic and Community Development or his
designee.
(8) "Shelter" means an individual facility with
the capacity to provide overnight lodging
whose purpose is to assist homeless persons
through activities funded under this Sub-
chapter. Eor purposes of this program, the
term "shelter" excludes substance abuse re-
habilitation centers.
(9) "State" means the State of North Carolina.
(10) "Subrecipient" means a nonprofit ser-
vice-providing agency that a recipient con-
tracts with to cam" out services and activities
funded under this Subchapter.
5:7 NORTH CAROLINA REGISTER April 2, 1990
25
PROPOSED RULES
f4-ty "Rehabilitation" means labor, materials,
tool'. »«4 other costs t4 improving buildings,
including:
(a) repair directed toward »«• accumulation ef
del erred maintenance';
(4>> replacement t4~ principal Fixtures *h4
component',. e£ existing buildings;
0+
installation t*f security devices; a«4
improvement through alterations »«4 a4-
ditions to- e* enhancement e£ existing
buildings, including improvement k+ in-
crease A** elticient t*se e£ energy m build
ings.
(44+ "Renovation" mean', rehabilitation th«4-
involves costs e4 54 percent ef le« t4~ the-
value t4 the building before rehabilitation.
(13) "Major rehabilitation" means rehabili
tiition t+w-t- involves costs » excess »f 54
percent »f 4*e value t4 (4*e building before
rehabilitation.
(44) ( 1 1) "Obligated" means the recipient or
subrecipient has placed orders, awarded
contracts, or performed similar transactions
that require payment from the ESGP grant
amount.
(44} ( 12) "Expended" means purchases have
been made, deliveries received, or costs in-
curred for goods and services to be paid with
ESGP funds.
Authority G.S.
576.3; P.L. 100-
143-323; 143B-10; 24 C.F.R.
SECTION .0200 - ELIGIBLE AND INELIGIBLE
ACTIVITIES
.0201 ELIGIBLE ACTIVITIES
This Subchapter, in accordance with G.S.
150B- 14(c), adopts by reference as eligible activ-
ities those Operations Services »h4 Rehabili
tation activities described as such in 24 CFR
576.21(a) and in corresponding sections of the
Act, as amended. Copies of these sections of
federal law and regulation are available for public
distribution from the Division of Community
Assistance of NRCD. 1 CD.
Authority G.S. 143-323: I43B-10; 15013-14; 24
C.F.R. 576.21.
SECTION .0300 - GENERAL KEQl IREMENTS
.0301 APPLICATION KEQl IREMENTS
(a) Local governments are required to submit
applications in a manner prescribed by N R C 1 )
1 ( ' D in order to be considered for funding. Se-
lection of applications for funding will be based
primarily on information contained in the appli-
cation, thus applications must provide sufficient
information for NRCD ECD to evaluate them.
(b) Applicants may apply for more than one
grant and be awarded more than one grant, pro-
viding the total amount of funds awarded to a
single shelter does not exceed the maximum lim-
its described in Rule .0302 of this Section.
(c) NRCD ECD shall designate specific dates
for submission of ESGP grant applications.
Grant application submission dates will be an-
nounced by NRCD ECD a minimum of 20 days
before the date applications are due.
(d) Applications must be received by NR.CD
I -'CD administrative offices in Raleigh before 5:00
p.m. on the submission date or, if sent by mail,
must be postmarked on or before the submission
date.
(e) The applicant shall certify to NRCD ECD
that it will comply with all applicable federal and
state laws, regulations, rules and executive orders.
(1) Copies of these federal and state docu-
ments are available for public distribution
from the Division of Community Assist-
ance of NRCD. ECD.
(2) Notwithstanding the provisions of Para-
graph (d) in this Rule, certifications of
compliance may be postmarked or re-
ceived by NRCD ECD up to two weeks
after the date the application is due. This
provision applies only to certifications.
(f) Applicants must comply with the Act, all
applicable federal and state laws, regulations,
rules, executive orders and guidelines issued by
NRCD. ECD
(§} Applicants shall direct suhrecipients U* e*4-
laborate with appropriate local sen ice agencies
(including local rtft** mental health, mental retar
dation »«4 substance abuse authorities) when
appropriate *h4 feasible, h* providing services k*
their clients.
Authority G.S. 143-323; 143B-I0: 24 C.F.R.
576.81.
.0302 SIZE OF GRANTS
Grants are applied for and awarded in Hvo e«t-
egories: one category: Operations Services. t«+4
Rehabilitation.
( 1 ) Operations Services. The maximum
amount which may be applied for and
awarded in the Operations, Services category
depends on the size of the shelter on whose
behalf the application is made. Shelter size
shall be determined by overnight lodging
capacity. Maximum awards per shelter are:
(a) Twenty Thirty thousand dollars ($20,000)
(JJ30.0IH)) for a shelter with a capacity of
10 or fewer persons per night;
26
5:1 XORTH CAROLIXA REGISTER April 2, 1990
PROPOSED RULES
(b) Thirty Porty-five thousand dollars
($30,000) ($45,000) for a shelter with a
capacity from 1 1 to 20 persons per night;
(c) Perty Sixty thousand dollars ($10,000)
($60,000) for a shelter with a capacity of
21 to 30 persons per night;
(d) Fifty Seventy-five thousand dollars
($50,000) ($75,000) for a shelter with a
capacity of 3 1 or more persons per night.
(-3} Rehabilitation. 44+e maximum grant
■■tit; n i nt *^^^£ I f"ta\ltt,sr it | \~i t , g |-\ li^^i^ ) \_ t ■ i g"\ t-s li.i. 1 1 a \ i1
Bf awarded ift frbe Rohabilitation category is
forty fi*# thousand dollar;', ($45, 000).
f-ty (_2| The minimum grant which may be ap-
plied for m cither ei tb*» above categories or
awarded is one thousand five hundred dol-
lars ($1,500).
(4) (3) Notwithstanding the provisions of Para
graphs Paragraph (1) »«4 (4} in this Rule,
NRCD 1'CD reserves the right to award
grants for less than the requested amount in
the event that the total amount of funds re-
quested exceeds the total amount of funds
available; NRCD FCD also reserves the
right to award grants exceeding the amount
requested if the total amount of funds re-
quested is less than the total amount of
funds available.
Authority G.S. 143-323; 143B-10; 24 C.F.R. 576.
.0303 DISTRIBUTION OF FUNDS
A maximum of 2$ 20 percent of ESGP funds
will be awarded to domestic violence shelters.
TITLE 10 DEPARTMENT OF HUMAN
RESOURCES
iV otice is hereby given in accordance with G.S.
I SOB- 1 2 that the Water Treatment Facility Oper-
ators Board of Certification intends to amend
rules cited as 10 NCAC 10E .0203, .0205; and
repeal rule cited as 10 NCAC I0E .0204.
1 he proposed effective date of this action is
September 1, 1990.
1 he public hearing will be conducted at 9:00
a.m. on June 12, 1990 at James S. McKimmon
Center, N.C. State University, Western Boule-
vard, Raleigh, NC.
Comment Procedures: Any person requiring in-
formation may contact Mr. John C. McFadven.
P.O. Box 27687, Raleigh. NC 27611, Telephone
(919) 733-0379. Written comments may be sub-
mitted to the above address 30 days prior to the
public hearing. Written and oral comments may
also be presented at the public hearing. Notice
of an oral presentation must be given to the above
address at least 3 days prior to the public hearing.
CHAPTER 10 - HEALTH: ENVIRONMENTAL
HEALTH
SUBCHAPTER IOE - WATER TREATMENT
FACILITY OPERATORS
Authority G.S. 143-323; 143B-10; 24 C.F.R. 576.
.0304 REALLOCATION
Any ESGP funds recaptured by FCD. NRCD.
a* provided fof i» R-«4* .060 I a«4 R-«l<* .0505 ef
tb*? Subchapter w+lb if practicable, b*» added k»
the amount available fof tbt* next round *4 fund
ifter II t44*i » fh-4 feasible, t4*e recaptured funds
will be reallocated in a maimer to be prescribed
by NRCD. FCD.
Authority G.S. 143-323; I43B-I0; 24 C.F.R.
576.61.
SECTION .0500 - REHABILITATION
CATEGORY
.0501 DEFINITION (REPEALED)
.0502 ELIGIBILITY REQUIREMENTS
(REPEALED)
.0503 AWARDS (REPEALED)
Authority G.S. 143-323: 14313-10: 24 C.F.R.
576.21(a)(1).
SEC! ION .0200 - QUALIFICATION OF
APPLICANTS AND CLASSIFICATION OF
FACILITIES
.0203 DETERMINATION OF VARIOUS
CLASSES OF CERTIFICATION
(a) Determination of various classes of certif-
ication shall be based on the classification of
water treatment facilities to be operated.
(b) The designation of plant classification shall
be based on » the following point system: de-
termined by- tbt» board i+«4 including tbe tolluw
m% items:
Unit Rating Value
Ground $
Surface-- - — -- --5
Surface with Reservoir 6
Coliform Bacteria le«
tlvm 1 Q i-ii-r KKI uai 2
Coliform Bacteria
l n _ l(w) ,-,..,■ 1 op T„l ..A
1 . \.t ^^ I 1 I ' .1 ri.T TTTTT Till ^
Coliform Bacteria
±W - -MWU f** -WU »4 - —6
Coliform Bacteria
5:1 NORTH CAROLINA REGISTER April 2, 1990
2'
PROPOSED RULES
i_ogo - sum pep 400 mi S
Colifonn Bacteria
SJM* - 30,000 pw 400 m4— - --—43
Aeration 3
Coagulation 4-0
Sedimentation £
Filtration 40
Disinfection 40
U*& Fxchange $
Adsorption 3
Chemical Oxidation 3
Softening 3
Stabilization 3
Fluoridation 4-0
Raw Water Pumping — - ---$
Receiving Basin 4
Pinished Water Pumping — §
Storage at Plant 4
Storage — Sy-tem 3
Pumpagc — See .020 1 trf
this Section -—-4-40
NDto: 44*e above bacterial quality te- be
determined bv methods s» defined ift t4*e
latest edition e£ "Standard Methods fop t4*e
Examination ef Water *b4 Wastewater".
PARAMETER RATING VAILf
I'OIVIS
(1) Surface Water Source
(A) flowing stream 5
(B) Ho wing stream with
impoundment
(C) raw water treatment
(CuSOq . etc.) 3
(2) Ground Water Source
(A ) first five wells 5
( B) add j_ point per
5 wells or fraction
thereof over 5 J_
(3) Coagulation
(A) aluminum sulfate, ferric
chloride, etc. 10
(B) polymer 5
(4) Mixing
(A) baffle 2
(B) mechanical 4
(C) air 3
(5) Oxidation (pre-trcatmenf)
(A) Ch (b 5
(B) ozone 5
(C) KMnD4 3
(D) CH 3
(6) Carbon "I'reatment 2
(7) Aeration
(A) mechanical draft 3
i B) coke trav splash trav 2
(C) diffused 3
(D) packed tower
(V( )C reduction) 10
(8) pH Adjustment (primary)
(A) NaOH
c.
(B) lime soda ash
3
(£l acid (Hi S04iIICl
etc.)
5
(9) Sedimentation
(A) standard rate
5
(Bj tube settlers
;
(C) uptlow
s
(D) pulsators and plates.
etc.
5
(10) Contact lank
1
(11) Filtration
(A) pressure
(i) sand anthracite
s
(ii) synthetic media (brim)
8
(ni) izranular activated
carbon (GAC)
10
(B) gravity
(i) sand
in
(ii) anthracite
(mixed) GAC
12
(iii) with surface wash
or air scour
2
(12) Ion Exchange
(A) softener, Na cycle
5
(B) softener, H cycle
(C) Fe and Mn (ereensand)
10
(D) mixed bed or split stream
12
(13) I lme Softening
(A) spiractors
10
(B) clarifier with
coaaulation
12
(C) fuel burner
(recarbonation)
5
(14) Phosphate
(sequestering agent)
->
(15) Stabilization
(A) acid feed
5
(B) phosphate
2
(C) caustic (NaOH)
i
(1)) lime soda ash
3
(E) contact units
(calcifier, etc.)
5
(16) Reverse Osmosis.
Plectrodialvsis
15
(17) Disinfection
(A) gasCb
10
(B) hypochlorite solution
(C) CH 0-> (sodium chlorite
and Ch)
13
(D) ozone
1 5
(F) ammonia and Cl^>
12
(IS) Fluoridation
(A) saturator
8
(B) dry teed
8
(C) solution (acid)
In
(19) Pumping
(A) raw
J
(Bi intermediate
i
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(C) finished
3
(D) system booster
2
(20) Storage
(A) raw
1
(B) treated ground level tank
1
(C) elevated in system
(each extra tank 1 pt)
2
(D) hvdropneumatic
2
(21) Population Served
1 point per 1,000
persons served
50 max.
(22) Plant Capacity
1 point per 1 MGD
capacity
25 max.
(23) On-Site Quality Control
(A) bacteriological
(i) MPN/MF
5
(ii) UPC
2
(iii) MMO-MUG
(Colilert)
2
im eh
rij meter
2
(ii) L?_st kit
1
(C) fluoride
(i) meter
3
(ii) colorimetric
3
(D) chlorine
(i) titrator
3
(ii) colorimeter/spec.
2
(iii) test kit
(E) iron
(F) hardness
(G) alkalinity
(II) turbidity
( I ) manganese
(J) others (1 pt. each)
(K) A. A. Spec, or G.C. Unit
5 each
Statutory Authority G.S. 90A-2I(c); 90A-22.
.0204 PUMPAGE CHART (REPEALED)
Statutory Authority G.S. 90A-21(c); 90A-22.
.0205 CLASSIFICATION OF WATER
TREATMENT FACILITIES
(a} Classification of water treatment facilities
will be based on the source of water and the
number of points assigned each facility as taken
from the table in .0203(b) of this Section. Clas-
sifications are as follows:
OassC-Well Q-4ftf*4ftte
Class Q Surface ft - 60 points
Q**&Wt4i 4+ - SO petftt*
Class S Surface 44- - SO points
(b4 fe- arriving at- ik» number *4 points to be
allowed fof pumpago » &e table i» (*) ef t4«*
Rule, please refer to tbe chart described i» .0201
ef tkis Section which is used » arriving at tbe
pumpage pointc
(e) ¥ke class G certificate is automatically re-
quirod fof surface supplios.
Class C 0-50 points
Class B 51- HO points
Class A over 1 10 points
Statutory Authority G.S. 90A-21(c); 90A-22.
******************
iV otice is hereby given in accordance with G.S.
I SOB- 1 2 that the Commission for Mental Health,
Mental Retardation and Substance Abuse Services
intends to amend rules cited as 10 NCAC 14K
.0103, .0309, .0314 - .0315; 181 .0120; 18M .0408
- .0409; adopt rules cited as 10 NCAC 14P .0101
- .0102; 14Q .0101 - .0104, .0201 - .0204; .0301 -
.0306; 14R .0101 - .0107, .0201, .0301 - .0303;
14S .0101 - .0106.
1 he proposed effective date of this action is Au-
gust I, 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 9, 1990 at Plaza Hotel, 4100 Glen-
wood Avenue, Raleigh, NC 27612.
Comment Procedures: Any interested person
may present his/her comments by oral presentation
or by submitting a written statement. Persons
wishing to make oral presentations should contact
Marilyn Brothers, Division of Mental Health, De-
velopmental Disabilities and Substance Abuse
Services. 325 N. Salisbury St., Raleigh, NC
27611, (919) 733-4774 by May 9, 1990. The
hearing record will remain open for written com-
ments from April 9, 1990 through May 9, 1990.
Written comments must be sent to the above ad-
dress and must state the nde(s) to which the
comments are addressed. Fiscal information on
these rules is also available from the same address.
CHAPTER 14 - MENTAL HEALTH: GENERAL
SUBCHAPTER 14K - CORE LICENSURE RULES
FOR MENTAL HEALTH: MENTAL
RETARDATION AND OTHER
DEVELOPMENTAL DISABILITIES: AND
SI BSTANCE ABUSE FACILITIES
SECTION .0100 - GENERAL INFORMATION
.0 1 03 DEFINITIONS
(c) The following terms shall have the mean-
ings specified:
5:1 NORTH CAROLINA REGISTER April 2, 1990
29
PROPOSED RULES
(33) "Farly Intervention Services" means
those services provided for infants and
toddlers specified in Section 3U3. 12 of
Subpart A of Part 303 of Title 34 of the
Code of Federal Regulations. This
adoption by reference is in accordance
with G.S. 150B-14(c).
(34) (33} "Evaluation" means an assessment
service which identifies the nature and ex-
tent of an individual's problem through a
systematic appraisal for the purposes of
diagnosis and determination of the disa-
bility of the individual and the most ap-
propriate plan, if any, for services. Such
appraisal shall include one or more of the
following: mental, physical, behavorial,
functional, social, economic and intellec-
tual resources of the individual.
(35) (-4-44 ''First aid" means emergency treat-
ment for injury or sudden illness before
regular medical care is available. First aid
includes artificial respiration, the Heimlich
maneuver, or other Red Cross first aid
techniques for relieving airway ob-
struction, care of wounds and burns, and
temporary administering of splints.
(36) (-4^4 "Governing body" means those per-
sons who by law, charter, articles of in-
corporation, partnership agreement, or
other legally recognized manner have full
legal authority for the overall operation
of the facility.
(37) "Health Services" means those services
provided for infants and toddlers specified
in Section 303.13 of Subpart A of Part 303
of Title 34 of the Code of Federal Regu-
lations. This adoption bv reference is in
accordance with U.S. I50B-14(c).
(3S) f4£>4 "Hearing" means a contested case
hearing under G.S. 150B, Article 3.
(39) (-^4 "High risk children" means those
from birth to 36 months of age who:
(A) have a diagnosed physical or mental
condition which has a high probability of
resulting in developmental delay or atypi-
cal development:
(B) have significant atypical patterns of de-
velopment (perceptual, sensory, physical,
behavioral, motor anomalies) that have a
high probability of resulting in develop-
mental delay or atypical development; or
(C) have responded well to intervention ef-
forts but for whom there is evidenced that
their continued developmental progress
cannot be assured without continued in-
tervention.
(' 40 ) <4&+ "Hours of operation" means an indi-
cation of the minimum operational hours
that a service is expected to be available
to clients, but not prohibiting the typical
closing of a sendee to accommodate holi-
days, vacations, staff development activ-
ities and weather and facility-related
conditions but taking into consideration
the type of service being provided.
(41) m> "ICF/MR" (Intermediate Care
Facility; Mentally Retarded) means a fa-
cility certified as having met federal
ICF,MR requirements and which pro-
vides 24-hour personal care, habilitation,
developmental and supportive services to
persons with mental retardation or related
conditions.
(42) f4fty "Incident" means any happening
which is not consistent with the routine
operation of the facility or the routine care
of a client and that is likely to lead to ad-
verse effects upon a client.
(43) f444 "Individual goal plan" (for clients
with mental retardation or other develop-
mental disabilities) means a written plan
which includes measurable, date-specific,
short-range objectives which are assessed
and developed or restated at least quar-
terly based on the strengths and needs of
the client and which identifies specific staff
responsibilities and relates to the annual
individual program plan.
( 44) (-44+ "Individual program plan" (for cli-
ents with mental retardation or other de-
velopmental disabilities) which is
sometimes referred to as an "habilitation
plan," means a written plan which in-
cludes long-range objectives for the client
based on evaluations, observations and
other client assessment data and which is
implemented following admission of the
client, and assessed and redeveloped at
least annually from the date of placement.
The individual program plan includes a
written summary of the client's progress
regarding previous program plans.
<45) (44} "Individual treatment plan" (for
mental health and substance abuse clients)
means a plan of treatment for the client.
The plan contains time-specific short and
long term goals and strategies for imple-
menting the goals, and identifies direct
care staff responsible for the provision of
treatment and rehabilitation services to
the client. The individual treatment plan
is synonymous with the individual service
plan.
(46) f444 "Infant" means an individual from
birth through two vears of age.
10
5:1 \ORTH CAROLI.XA REGISTER April 2, 1990
PROPOSED RULES
(47) (44) "Isolation time-out" means the re-
moval of a client from positive reinforce-
ment to a separate room from which exit
is barred but which is not locked and
where there is continuous supervision by
staff.
(48) (44) "Legend drug" means a drug that
cannot be dispensed without a pre-
scription.
(49) (43) "License" means a permit to operate
a facility which is issued by DFS under
G.S. 122C, Article 2.
( 50) (4&) "Medication" means a substance re-
cognized in the official "United States
Pharmacopoeia" or "National
Formulary" intended for use in the diag-
nosis, mitigation, treatment or prevention
of disease.
(51) (-49} "Minor client" means a person under
1 8 years of age who has not been married
or who has not been emancipated by a
decree issued by a court of competent ju-
risdiction or is not a member of the armed
forces.
(52) (40) "Neighborhood" - See "residential
setting".
(53) (444 "Nurse" means a person licensed to
practice in the State of North Carolina
either as a registered nurse or as a licensed
practical nurse.
(54) (42) "Operator" means the designated
agent of the governing body who is re-
sponsible for the management of a licens-
able facility.
(55) (444 "Parent" means the biological or
adoptive mother or father of a minor cli-
ent or person who has been appointed to
serve as a surrogate parent.
(56) (444 "Physical examination" means the
procedures used by a physician or physi-
cian extender on behalf of a physician to
determine the physiological and anatom-
ical condition of the client. Physical ex-
amination also means medical
examination.
(57) {^S^ "Physician extender" means a nurse
practitioner or a physician assistant ap-
proved to perform medical acts by the
Board of Medical Examiners of the State
of North Carolina.
(58) (46) "Preschool age child" means a child
from three through five years of age.
(59) (43} "Private facility" means a facility not
operated by or under contract with an
area program.
(60) (48) "Program evaluation" means the
systematic documented assessment of
program activity to determine the effec-
tiveness, efficiency and scope of the sys-
tem under investigation, to define its
strengths and weaknesses and thereby to
provide a basis for informed decision-
making.
(61) (49) "Provider" means an individual,
agency or organization that provides
mental health, mental retardation or sub-
stance abuse services.
(62) (46) "Psychiatric nurse" means an indi-
vidual who is licensed to practice as a re-
gistered nurse in the State of North
Carolina by the North Carolina Board of
Nursing and who is a graduate of an ac-
credited master's level program in psychi-
atric mental health nursing with two years
of experience, or has a master's degree in
behavioral science with two years of su-
pervised clinical experience, or has four
years of experience in psychiatric mental
health nursing.
(63) (444 "Psychiatric social worker" means an
individual who holds a master's degree in
social work from an accredited school of
social work and has two years of clinical
social work experience.
(64) (43) "Psychiatrist" means an individual
who is licensed to practice medicine in the
State of North Carolina and who has
completed an accredited training program
in psychiatry.
(65) (44) "Psychotherapy" means a form of
treatment of mental illness or emotional
disorders which is based primarily upon
verbal or non-verbal communication with
the patient. Treatment is provided by a
trained professional for the purpose of re-
moving or modifying existing symptoms,
of attenuating or reversing disturbed pat-
terns of behavior, and of promoting posi-
tive personality growth and development.
(66) (44) "Psychotropic medication" means
medication with the primary function of
treating mental illness, personality or be-
havior disorders. These medications in-
clude, but are not limited to,
antipsychotics, antidepressants, neurolep-
tics, lithium and minor tranquilizers.
(67) (44f "Qualified alcoholism professional"
means an individual who is certified by
the North Carolina Substance Abuse
Professional Certification Board or who
is a graduate of a college or university with
a baccalaureate or advanced degree in a
human service related field with doc-
umentation of at least two years of super-
vised experience in the profession of
alcoholism counselina.
5:7 NORTH CAROLINA REGISTER April 2, 1990
U
PROPOSED RULES
(68) (44) "Qualified developmental disabilities
professional" means an individual holding
at least a baccalaureate degree in a disci-
pline related to developmental disabilities,
and at least two years of supervised habi-
litative experience in working with the
mentally retarded or otherwise develop-
mentally disabled or holding a baccalau-
reate degree in a field other than one
related to developmental disabilities and
having three years of supervised experi-
ence in working with the mentally re-
tarded or otherwise developmentally
disabled.
(69) (-4?) "Qualified drug abuse professional"
means an individual who is certified by
the North Carolina Substance Abuse
Professional Certification Board or who
is a graduate of a college or university with
a baccalaureate or advanced degree in a
human service related field with doc-
umentation of at least two years of super-
vised experience in the profession of drug
abuse counseling.
(70) (4&> "Qualified mental health
professional" means any one of the fol-
lowing: psychiatrist, psychiatric nurse,
practicing psychologist, psychiatric social
worker, an individual with at least a mas-
ter's degree in a related human service
field and two years of supervised clinical
experience in mental health services or an
individual with a baccalaureate degree in
a related human service field and four
years of supervised clinical experience in
mental health services.
(71) (49} "Qualified nutritionist" means an in-
dividual who has a Master's degree in nu-
trition, nutrition education or public
health nutrition and who may or may not
be a registered dietitian.
(72) fW). "Qualified substance abuse profes-
sional" means an individual who is:
(A) certified by the North Carolina Sub-
stance Abuse Professional Certification
Board: or
(B) a graduate of a college or university
with a baccalaureate or advanced degree
in a human service related field with doc-
umentation of at least two years of super-
vised experience in the profession of
alcoholism and drug abuse counseling.
(73) 4?-H "Registered dietitian" means an indi-
vidual who has successfully completed a
national examination for the Commission
on Dietetic Registration and maintains
registration with that commission through
approved continuing education activities
and events.
(74) (33) "Rehabilitation" means training, care
and specialized therapies undertaken to
assist a client to reacquire or maximize
any or all lost skills or functional abilities.
(75) f74) "Research" means inquiry involving
a trial or special observation made under
conditions determined by the investigator
to confirm or disprove an hypothesis, or
to explicate some principle or effect. The
term "research" as used in this document
means research which is not standard or
conventional; involves a trial or special
observation which would place the subject
at risk for injury (physical, psychological
or social injury), or increase the chance
of disclosure of treatment; utilizes ele-
ments or steps not ordinarily employed
by qualified professionals treating similar
disorders of this population; or is a type
of procedure that serves the purpose of
the research only and does not include
treatment designed primarily to benefit the
individual.
(76) 4?4} "Residential setting" means a living
area or zone in which the primary purpose
is family residential living and which may
be located in an area zoned either urban
residential or rural.
(77) (3Si "Respite discharge" means that point
in time when no additional incidents of
respite service are anticipated and the cli-
ent record is closed.
(78) f7-4) "Respite episode" means an uninter-
rupted period of time during which a cli-
ent receives respite services. The episode
may vary in length from one hour or less
to one month.
(79) (73} "Restraint" means the limitation of
a client's freedom of movement by:
(A) physical hold for the purpose of sub-
duing the client;
(B) "mechanical restraint" which is the use
of mechanical devices for the purpose of
controlling behavior including, but not
limited to, cuffs, ankle straps, sheets, or
restraining shirts; or
(C) "protective restraint" which is the use
of protective devices to provide support
and safety for weak and feeble clients, or
to present medically ill clients from re-
moving intravenous tubes, indwelling
catheters, cardiac monitor electrodes, etc.
Such devices may include posey vests,
geri-chairs, table top chairs or soft ties.
(811) (■?&) "Restrictive facility" means a facility
which employs the use of mechanical re-
U
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
straint or seclusion in order to restrict a
client's freedom of movement. A judicial
determination as specified in G.S. 122C-
223 and G.S. 122C-232 is required for
minor clients and incompetent adult cli-
ents who are admitted to a restrictive fa-
cility.
H (-29) "Screening" means an assessment
service which provides for a brief face-to-
face appraisal of each individual who pre-
sents himself for services, in order to
determine the nature of the individual's
problem and his need for sendees.
Screening may also include referral to
other appropriate community resources.
(82) f84} "Seclusion" means isolating a client
in a separate locked room for the purpose
of controlling a client's behavior.
(83) f84-) "Secretary" means the Secretary of
the Department of Human Resources or
designee.
(84) (£3} "Severely physically disabled
person" means for the purpose of ADAP
(Adult Developmental Activity Program)
a person:
(A) who has a severe physical disability
which seriously limits his functional ca-
pabilities (mobility, communication, self-
care, self-direction, work tolerance or
work skills);
(13) who has one or more physical disabili-
ties resulting from amputation, arthritis,
blindness, cancer, cerebral palsy, cystic fi-
brosis, deafness, heart disease, hemiplegia,
hemophilia, respiratory or pulmonary
dysfunction, multiple sclerosis, muscular
distrophy, musculoskeletal disorders, neu-
rological disorders (including stroke and
epilepsy), paraplegia, quadriplegia, and
other spinal cord conditions, sickle cell
anemia and end stage renal disease; and
(C) whose habilitation or rehabilitation can
be expected to require multiple habili-
tation or rehabilitation services over an
extended period of time.
(85) fttrty "Sheltered employment" means a fa-
cility's provision of work and work train-
ing by:
(A) subcontracting from industries in the
community and bringing work to the fa-
cility to be performed; or
(B) manufacturing its own products in the
facility.
Clients served in a sheltered employment
model are those who consistently achieve
earning levels exceeding one-half of the
minimum wage but who are not ready for
independent employment activities.
(86) fS4) "Staff member" means any individual
who is employed by the facility.
(87) f&§) "Substantially mentally retarded per-
son" means for the purpose of ADAP a
person who is mentally retarded to the
degree of seriously limiting his functional
capabilities, whose habilitation or rehabil-
itation can be expected to extend over a
period of time, and including:
(A) moderately mentally retarded persons;
(B) severely mentally retarded persons;
(C) profoundly mentally retarded persons;
or
(D) mentally retarded persons with a han-
dicapping condition so severe as to lack
the potential for employment at this time,
either in a sheltered or competitive setting.
In addition, such individuals must have a
deficit in self-help, communication, so-
cialization or occupational skills and be
recommended by the vocational rehabili-
tation counselor for consideration of
placement in an ADAP.
(88) (£6) "Support services" means services
provided to enhance an individual's pro-
gress in his primary treatment/habilitation
program.
(89) (S?) "Supported employment" means a
day/night service which involves paid
work in a job which would otherwise be
done by a non-disabled worker. Sup-
ported employment is carried out in an
integrated work site where a small number
of people with disabilities work together
and where the work site is not imme-
diately adjacent to another program serv-
ing persons with disabilities. It includes
intensive involvement of staff working
with the individuals in these integrated
settings.
(90) (&&) "Toddler" means an individual from
one through three years of age.
(91) f&O} "Treatment" means the process of
providing for the physical, emotional,
psychological and social needs of clients
through services.
(92) fltty "Twenty-four hour facility in which
medical care is an integral component"
means a facility in which:
(A) the medication needs of clients may be
evaluated, medication prescribed and lab-
oratory tests ordered to assist in the diag-
nosis, treatment and -w monitoring of
problems associated with the mental
health, mental retardation or other devel-
opmental disabilities or substance abuse
disorder of clients; and
5:7 NORTH CAROLINA REGISTER April 2, 1990
U
PROPOSED RULES
(B) proper referral of the client is made to
medical specialists when needed.
Statutory Authority G.S. 122C-3; 122C-26;
1438- 14".
SECTION .0300 - FACILITY AND PROGRAM
MANAGEMENT
.0309 CLIENT FEE FOR SERVICE
The governing body shall develop written poli-
cies for client fee assessment and collection prac-
tices. When infants or toddlers with or at nsk for
atypical development or developmental delays
are served, fees shall not be charged to the par-
ents lor the following services:
( 1 ) child identification and screening:
(2) assessment;
(3) case management: and
(4) administrative and coordinative activities
related to the development, review and im-
plementation of the Individualized Family
Service Plan (IFSP). implementation of
procedural safeguards and other administra-
tive activities related to sen ices for this po-
pulation.
Statutory Authority G.S. 122C-26: 122C-146:
14313- 147.
.0314 ASSESSMENT
(c) Mental Retardation e* other Developmental
Disability Disabilities Facilities and Sheltered
Workshops:
(1) Within 30 days following admission, the
following assessment information shall be
completed:
(A) the present condition of the client re-
ported in objective, behavioral terms, and
where possible a description of the client's
condition by family members. For all fa-
cilities serving infants, toddlers and pre-
school age children, except those
providing respite services, the assessment
of levels of physical, including vision and
hearing, language and speech, cognitive,
psychosocial and self-help skills develop-
ment shall be completed. There shall be
a determination of the child s unique
needs m terms ot these areas of develop-
ment and identification of sen ices appro-
priate to meet those needs. Also, for all
facilities serving infants, toddlers and
preschoolers except lor respite, the assess-
ment process shall include, if the family
mi desires, a determination of the strengths
and needs of the family related to en-
hancing the development of the child.
The family focused assessment shall be
based on information provided through a
personal interview and incorporate the
family's description of the strengths and
needs. The assessment process shall in-
clude procedures for ensuring partic-
ipation by the client's family or the legally
responsible person;
(B) social, developmental and medical his-
tories and assessments. Additional histo-
ries and assessments shall be completed
as appropriate (e.g., vocational, psychiat-
ric, legal, educational and nutritional).
Histories and assessments generated by
other facilities or service providers may be
used for respite programs;
(C) determination of, and request for, ad-
ditional referrals for special diagnostic
tests, assessments or evaluations, if
needed;
(D) results of other standardized and non-
standardized evaluations in the areas
identified in (c)(1)(B) of this Rule;
(E) summary" of client and, if appropriate,
family strengths and weaknesses;
(F) copies of relevant evaluations from
other agencies or service providers.
(2) An ADAP which operates within a shel-
tered workshop that meets the require-
ments of the Division of Vocational
Rehabilitation Services shall be considered
to have an approved ADAP evaluation
program which may provide the informa-
tion for the evaluation report.
(3) No more than 30 days prior to admission
to a facility, a medical assessment shall be
completed indicating the client's ability to
participate in the program, presence of a
communicable disease or a communicable
condition that presents a significant risk
for transmission within the facility, and
compliance with the immunization re-
quirements in G.S. 130A-152. If the cli-
ent has specific medical problems, the
physicians assessment shall include a
written statement regarding management
of the client, including control measures
required for communicable diseases and
conditions by G.S. 130A-144. The phy-
sician's assessment shall be updated at
least annually during the client's place-
ment in the facility except for ADAP. al-
ternative family living and supervised
independent living.
(4) For all facilities serving infants, toddlers
and preschoolers except for respite:
( A ) tests and other evaluation materials and
procedures shall be administered in the
34
5:1 SORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
native language of the parents or other
mode of communication unless it is
clearly not feasible to do so;
(B) any assessment procedures and materi-
als that are used are selected and adminis-
tered so as not to be racially or culturally
discriminatory;
(C) no single procedure shall be used as the
sole criterion for determining a child's el-
igibility under this part;
(D) assessments shall be carried out by
professionals privileged according to pro-
cedures outlined in the Division's publi-
cation, "REGULATIONS FOR
PRIYII FGING PROFESSIONALS
WORKING WITH INFANTS AND
TODDLERS WITH OR AT RISK FOR
Dl VPTOPM1 NTAL DELAY OR
ATYPICAL DEVELOPMENT", APSM
120- 1 (04 01 S9) or comparable proce-
dures approved by the Division:
(E^) the assessment process shall be a mul-
tidisciplinarv one and rellect the involve-
ment of two or mcire disciplines or
prolessions with the specific number and
tvpes of disciplines determined by the
needs of the particular child:
(F) the evaluation process must be based
on informed clinical opinion:
(G) the assessment procc^ shall be com-
pleted within 45 calendar davs from the
date of referral; and
(II) the child's family or legally responsible
person shall be fully informed of the re-
sults of the assessment process.
Statutory Authority G.S. 122C-26; 130A-144;
130A-I52; 143B-I47.
.0315 INDIVIDUAL TREATMENT/PROGRAM
PLAN
(d) Mental Retardation e* other Developmental
Di'Tibility Disabilities Facilities and Sheltered
Workshops:
(1) Individual program plans shall be devel-
oped and implemented within 30 days of
admission to all facilities with the excep-
tion of respite care programs. The plan
shall be reviewed at least quarterly and
assessed and redeveloped at least annually.
For clients in ADAP-facility based models
and sheltered workshop placements, the
annual assessment shall include a review
to determine the need for referral to Vo-
cational Rehabilitation or other services.
For clients in ADAP-Supported Employ-
ment-Long-Term Support, it shall include
an indication of the level of need for
long-term support activities and the spe-
cific type of support required. Program
plans shall provide the basis for the de-
velopment of individual goal plans. Pro-
gram plans shall provide a systematic
approach to the habilitation of the client
and substantiate the appropriateness of
the habilitation goals. Program plans
shall be developed in partnership with cli-
ents or individuals acting in behalf of cli-
ents. Clinical responsibility for the
development and implementation of pro-
gram plans shall be designated. In addi-
tion, in facilities serving infants, toddlers
or preschool age children, except for those
providing respite services, the program
plan is referred to as the Individualized
Family Service Plan (IESP) and shall in-
clude:
( A ) a description of the child's present lev-
els of physical development, including vi-
sion, hearing and health status, cognitive
development, language and speech devel-
opment, psychosocial development and
self-help skills;
( B ) with the concurrence of the family, a
description of the family's strengths and
needs related to enhancing the develop-
ment of the child;
(C) (A4. goals for the client Y. child's family
as well as goals for the client; child;
(D) fB} criteria and timeframe to be used to
determine progress towards goals;
(F) fG) planned habilitation procedures re-
lated to the goals;
(F) f4^- a statement of the specific early in-
tervention services to be provided to meet
the identified client child and family needs.
and the initiation dates, frequency and
method, duration, intensity and location
of service delivery and the persons or
agencies responsible;
I C i ) f+r} the designation of the staff member
responsible for case management services;
(II) f4-4 the plans for transition into services
which are the responsibility of the N.C.
Department of Public Instruction.
(I) the payment arrangements for the spe-
cific services delineated in Subparagraph
(d)(1)(E); and
(.1) a description of medical and other ser-
vices that the child needs hut which are
not required under P.E. (-)'-)-457 and the
strategies to be pursued to secure those
services through public or private re-
5:1 NORTH CAROLINA REGISTER April 2, 1990
35
PROPOSED RULES
(2) The initial development and annual review
process for the 11SP for infants, toddlers
and preschoolers shall include partic-
ipation by:
(A) the parent or parents of the child;
(13) other family members, as requested bv
the parent;
(C) an advocate or person outside of the
family if the parent requests that the per-
son participate:
(D) the provider of the early intervention
services;
( I •' ) the case manager designated for the fa-
mily if different: and
( 1 -' ) the provider of the assessment service
if different.
The quarterly review process shall include
participation by persons identified in
Subparagraphs (d)(2)(A) through (E). If
am of these individuals are unable to at-
tend one of the referenced development
or review meetings, arrangements shall be
made for the person's involvement
through other means such as participation
in a telephone conference call, having a
knowledgeable authorized representative
attend the meeting or making pertinent
records available at the meeting.
The I1SP for infants, toddlers and pres-
choolers is based upon the results of the
assessment referenced in J_0 NCAC 14K
J).' 14(c). However, early intenention
services may commence before com-
Q]
pletion of this assessment if parental con-
sent is obtained, the assessment is
completed within the time period refer-
enced in _10 NCAC 14K .P.M2(4)(c), and
an interim II SP is developed. The in-
terim 11SP shall include:
( A ) The name of the ease manager who will
be responsible for the implementation of
the II SP and coordination with other
agencies and individuals:
(4)
(B) Short-term quarterly goals for the child
and family when recommended:
( C ) Those early intenention services that
are needed immediately; and
(D) Suggested activities that may be carried
out bv the family members.
I ach facility or individual who has a direct
IM
role in t_he provision of early intenention
sen ices specified in the II-'SP is responsi-
ble lor making a good faith effort to a -mm
each eligible child in achieving the goals
se_[ forth in the H SP. "
The 11SP shall be developed within 45
davs of referral for those children deter-
mined to be eligible.
(6) @$ Individual goal plans shall be developed
in the appropriate developmental and vo-
cational skill areas. Goal plans -shall be
assessed on a quarterly basis in all facilities
with the exception of developmental
disability; behavior disorder group homes
wherein goal plans shall be assessed on a
monthly basis. Such assessment shall ad-
dress the client's progress or lack of pro-
gress toward meeting the plan and review
of the plan for appropriateness of estab-
lished goals. Individual goal plans are not
required for clients in supenised inde-
pendent living, alternative family living,
sheltered workshops and ADAP clients in
supported employment. Individual goal
plans are also not required for ADAP cli-
ents targeted for supported employment
or those in the intensive training period
or the long-term support period of sup-
ported employment. To be targeted as a
supported employment client, the client
must have been determined in writing to
be appropriate for supported employment
by representatives of the facility, the local
unit of the Division of Vocational Reha-
bilitation Senices and the Area Develop-
mental Disabilities Specialist of the Area
Mental Health, Mental Retardation and
Substance Abuse Program or his designee.
(7) £3} In specialized community residential
centers, nursing care plans shall be devel-
oped and implemented in addition to the
individual program plan. The nursing
care plan must address medical needs and
nursing care. Such plans shall be inte-
grated with individual goal plans.
(S) (-44 In developmental disability and behav-
ior disorder group homes, the individual
program plan shall specify a time-specific
admission of less than six months, to be
extended as needed on a six-month basis,
and shall emphasize programming objec-
tives that assist the client in exiting to a
less restrictive setting.
(9) f?4 Progress notes shall be completed
which reflect the client's progress or lack
of progress toward meeting program plan
goals, staff inten'entions and any infor-
mation which may have a significant im-
pact on the client's condition.
Documentation shall be made of any
conferences or involvements with the cli-
ent's family or involved agencies.
(A) Progress notes for respite senices shall
be completed after each respite episode.
J 6
5:1 SORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(B) Progress notes for developmental disa-
bility and behavior disorder group homes
shall be completed at least monthly.
(C) Progress notes in all other services shall
be on at least a quarterly basis.
(D) Except for respite services, when the
client is a minor, progress reports regard-
ing the program plan shall be given to the
legally responsible person on a quarterly
basis.
Statutory Authority G.S. 122C-26; 143B-147.
SUBCHAPTER 141* - PROCEDURES AND
GENERAL INFORMATION
SECTION .0100 - SCOPE AND DEFINITIONS
.0101 SCOPE
These Rules set forth procedures governing the
protection of client rights in public and private
programs providing mental health, develop-
mental disabilities and substance abuse services,
with the exception of state operated facilities. In
addition to these Rules, the governing body shall
comply with the provisions of G.S. 122C, Article
3, regarding client rights.
Statutory Authority G.S.
1 433-17; 1 43 B- 147.
122C-51; 13IE-67;
.0102 DEFINITIONS
(a) In addition to the definitions contained in
this Rule, the terms defmcd in G.S. 122C-3, G.S.
122C-4 and G.S. 122C- 53(f) also apply to all
Rules in Subchapters 14P, 14Q 14R and 14S.
(b) As used in these Rules, the following terms
have the meanings specified:
( 1 ) "Abuse" means the infliction of physical
or mental pain or injury by other than
accidental means, or unreasonable con-
finement, or the deprivation by an em-
ployee of services which are necessary to
the mental and physical health of the cli-
ent. Temporary discomfort that is part
of an approved and documented treat-
ment plan or use of a documented emer-
gency procedure shall not be considered
abuse.
(2) "Basic necessities" means the essential
items or substances needed to support life
and health which include, but are not
limited to, a nutritionally sound diet bal-
anced during three means per day, access
to water and bathroom facilities at fre-
quent intervals, seasonable clothing, med-
ications prescribed by a physician, time
for sleeping and frequent access to social
contacts.
(3) "Consent" means concurrence by a client
or legally responsible person following re-
ceipt of sufficient information -by the
qualified professional who will administer
the proposed treatment or procedure.
Informed consent implies that the client
or legally responsible person was provided
with sufficient information concerning
proposed treatment, including both bene-
fits and risks, in order to make an edu-
cated decision with regard to such
treatment.
(4) "Dangerous articles or substances" me-
ans, but is not limited to, any weapon or
potential weapon, heavy blunt object,
sharp objects, potentially harmful chemi-
cals, or drugs of any sort, including alco-
hol.
(5) "Director of Clinical Services" means
medical director, director of medical ser-
vices or other qualified professional desig-
nated by the governing body as the
director of clinical services, or a designee.
(6) "Emergency" means a situation in which
a client is in imminent danger of causing
abuse or injury to self or others or when
substantial property damage is occurring
as a result of unexpected and severe forms
of inappropriate behavior and rapid inter-
vention by the staff is needed.
(7) "Exclusionary' time-out" means the re-
moval of a client to a separate area or
room from which exit is not barred for the
purpose of modifying behavior.
(8) "Exploitation" means the illegal or im-
proper use of a client or a client's re-
sources for another person's profit,
business or advantage. The term includes
taking or using personal property from a
client with or without the client's permis-
sion.
(9) "Governing body" means those persons
or a designee, who by law, charter, articles
of incorporation, partnership agreement,
or other legally recognized manner have
full legal authority for the overall opera-
tion of the -facility.
(lOj "Governor's Advocacy Council for Per-
sons with Disabilities (GACPD)" means
a council mandated by state government
to provide protection and advocacy sys-
tems and promote employment for all
persons with disabilities in North Caro-
lina.
(11) "Intervention Advisory Committee" me-
ans a group of three to five concerned ci-
tizens established by the governing body
to provide an additional safeguard m pro-
5:1 NORTH CAROLINA REGISTER April 2, 1990
37
PROPOSED RULES
grams that utilize intrusive treatment or
habilitation interventions specified in
Subchapter 14R, Rule .0106.
(12) "Intervention procedures" refers to the
following interventions: seclusion, re-
straint, isolation time-out, exclusionary-
time-out for more than 15 minutes, time-
out for more than one hour, contingent
withdrawal or delay of access to personal
possessions or goods to which the client
is ordinarily entitled, consistent depri-
vation of items or cessation of an activity
which the client is scheduled to receive
(other than basic necessities) and over-
correction to which the client resists.
(13) "Intrusive intervention" refers to an in-
tervention procedure which presents a
significant risk to the client and, therefore,
requires additional safeguards. Such an
intervention may include the use of:
(A) seclusion, restraint or isolation time-out
employed as a measure of therapeutic
treatment;
(B) seclusion, restraint or isolation time-out
used on an emergency basis more than 40
hours in a calendar month or more than
one episode of 24 hours;
(C) unpleasant tasting foodstuffs;
(D) planned non-attention to a specific
undesirable behavior when the target be-
havior is health threatening;
(E) contingent deprivation of any basic ne-
cessity;
(F) contingent application of any noxious
substance which includes, but is not lim-
ited to, noise, bad smells or splashing with
water; and
(G) any potentially physically painful pro-
cedure or stimulus which is administered
to the client for the purpose of reducing
the frequency or intensity of a behavior.
(14) "Isolation time-out" means the removal
of a client to a separate room from which
exit is barred but not locked and where
there is continuous supervision by staff for
the purpose of modifying behavior.
(15) "Major physical injury" means damage
caused to the body resulting in substantial
bleeding or contusion of tissues, fracture
of a bone, damage to internal organs, loss
of consciousness, loss of normal neuro-
logical function (inability to move or co-
ordinate movement) or any other painful
condition caused by such injury.
(16) "Minor client" means a person under IS
years of age who has not been married or
who has not been emancipated by a de-
cree issued by a court of competent juris-
diction or is not a member of the armed
forces.
(17) "Neglect" means the failure to provide
care or services necessary to maintain the
mental health, physical health and well-
being of the client.
(18) "Neuroleptic medication" means a cate-
gory of psychotropic drugs used to treat
schizophrenia and related disorders.
Neuroleptics are the only category of
psychotropic drugs with long-term side
effects of major consequence (e.g., tardive
dyskinesia). Examples of neuroleptic
medications are Chlorpromazine, Thiori-
dazine and Ilaloperidol.
(19) "Normalization" means the utilization
of culturally valued means to establish or
maintain personal behaviors, experiences
and characteristics that are culturally nor-
mative or valued.
(20) "Privileged" means authorization by the
governing body for a professional to pro-
vide specific treatment or habilitation ser-
vices to clients, within well-defined limits,
based on the professional's education,
training, experience, competence and
judgment.
(21) "Protective device" means an inter-
vention which provides support for med-
ically fragile clients or enhances the safety
of self-injurious clients. Such devices may-
include geri-chairs or table top chairs to
provide support and safety for clients with
major physical handicaps; devices such as
seizure helmets or helmets and mittens for
self-injurious behaviors; or soft ties used
to present medically ill clients from re-
moving intravenous tubes, indwelling
catheters, cardiac monitor electrodes, or
similar medical devices. Protective de-
vices do not include mechanical restraints
as defined in Subparagraph (24|(A) of this
Rule.
(22) "Responsible professional" shall have the
meaning specified in G.S. 122C-3 except
the "responsible professional" shall also
be a qualified professional as defined in
G.S. 122C-3(31).
(23) "Restraint" means the limitation of one's
freedom of movement and includes the
following:
(A) mechanical restraint which means re-
straint of a client with the intent of con-
trolling behavior with mechanical devices
which include, but are not limited to,
cuffs, ankle straps, sheets or restraining
shirts.
38
5:1 \ORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(B) physical restraint which means restraint
of a client by physically holding or sub-
duing the client until calm. As used in
these Rules, the term physical restraint
does not apply to the use of professionally
recognized methods for therapeutic holds
of brief duration (five minutes or less).
(24) "Seclusion" means isolating a client in a
separate locked room for the purpose of
controlling a client's behavior.
(25) "Strike" means, but is not limited to,
hitting, kicking, slapping or beating
whether done with a part of one's body
or with an object.
(26) "Time-out" means the removal of a cli-
ent from positive reinforcement and other
clients to another space within the same
activity area for the purpose of modifying
behavior.
(27) "Treatment" means the process of pro-
viding for the physical, emotional, psy-
chological and social needs of clients
through services.
(28) "Treatment or program plan" means an
individual goal plan (for mentally retarded
clients) or individual treatment plan (for
mental health or substance abuse clients),
as defined in 10 NCAC 14K .0315 of di-
vision publication APSM 40-2, 7/1/89
(LICENSURE RULES EOR MENTAL
HEALTH, MENTAL RETARDATION
AND OTHER DEVELOPMENTAL
DISABILITIES AND SUBSTANCE
ABUSI- LACII II 11 S) adopted pursuant
to G.S. 150B- 14(c).
(29) "Treatment or habilitation team" means
an interdisciplinary group of qualified
professionals sufficient in number and va-
riety by discipline to adequately assess and
address the identified needs of a client and
which is responsible for the formulation,
implementation and periodic review of the
client's treatment or program plan.
Statutoiy Authority G.S. I22C-3; 122C-4;
I22C-5I; 122C-53(f); 13IE-67; 143B-I47.
SUBCHAPTER 14Q - GENERAL RIGHTS
SECTION .0100 - GENERAL POLICIES AND
PROCEDURES
.0101 POLICY ON RIGHTS RESTRICTIONS
AND INTERVENTIONS
(a) For each service provided in a facility where
rights will not be restricted and interventions as
specified in Section .0100 of Subchapter 14R of
these Rules will not be employed, the governing
body shall implement policies to ensure that such
rights will not be restricted nor such interventions
employed.
(b) For each service provided in a facility where
rights may be restricted or interventions as spec-
ified in Section .0100 of Subchapter 14R of these
Rules may be employed, the governing body
shall develop and implement policies which:
(1) identify the rights specified in G.S.
122C-62(b) and (d) that may be restricted
and interventions specified in Rule .0103,
Rule .0104 and Rule .0106 of Subchapter
14R that may be employed in each of its
programs or services;
(2) designate an individual responsible for in-
forming the client;
(3) specify procedures for the following:
(A) informing each client at the time of
admission or entry into the program, or
as soon as feasible, but no longer than 72
hours thereafter, of rights, potential re-
strictions and use of interventions;
(B) assuring that a written summary of
rights are provided to the client and legally
responsible person and that materials are
explained in a manner or at a level con-
sistent with the client's capacity for com-
prehension;
(C) educating the client and the legally re-
sponsible person regarding the purposes,
goals and reinforcement structure of any
behavior management system that is al-
lowed by governing body policy to restrict
client rights or utilize interventions as
specified in Subparagraph (a)(2) of this
Rule; and
(D) documentation in the client record that
rights have been explained including mode
of communication used.
Statutoiy Authority G.S. I22C-51; I43B-147.
.0102 SUSPENSION AND EXPULSION POLICY
(a) Clients shall be free from threat or fear of
unwarranted suspension or expulsion from ser-
vices.
(b) The governing body shall develop and im-
plement policies assuring due process procedures
for suspending or expelling clients from services.
Policies shall address the criteria to be used for
any suspension, expulsion or other discharge not
mutually agreed upon and establish documenta-
tion requirements which shall include:
( 1 ) the specific time and conditions for re-
suming services following a suspension;
(2) designation of an alternative program de-
termined to meet the client's needs; and
(3) discharge plan.
5:1 NORTH CAROLINA REGISTER April 2, 1990
J 9
PROPOSED RULES
Statutory Authority G.S. 122C-51; 143D-147.
.0103 SEARCH AND SEIZURE POLICY
(a) Clients shall be free from unwarranted in-
vasion of privacy. The governing body shall es-
tablish a policy regarding the need to search
clients or private living areas.
(b) This policy shall specify whether searches
of clients or private living areas are allowed or
whether they are prohibited. If searches are al-
lowed, the policy shall address the following:
(1) scope of search;
(2) reason for search;
(3) search procedures; and
(4) disposition of seized property.
Statutory Authority G.S. 122C-51; I43B-147.
.0104 ANNUAL INTERNAL AUDIT
Each governing body shall assure the conduct
of an annual internal compliance audit in each
of its programs of the implementation of client
rights as specified in G.S. 122C, Article 3 and
these Rules. A written report of such findings
shall be maintained by the governing body for a
period of two years.
Statutory Authority G.S. 122C-51; I43B-147.
SECTION .0200 - INFORMING CLIENTS AND
STAFF OF RIGHTS
.0201 INFORMING CLIENTS OF RIGHTS AND
RKSTRICTIONS
(a) A written summary of client rights as spec-
ified in G.S. 122C, Article 3 shall be made avail-
able to all clients and legally responsible persons.
(b) Policies specified in Rule .0101(b) of this
Subchapter shall assure that all clients and legally
responsible persons are informed:
(1) of the client's rights, potential restrictions
or use of interventions;
(2) that the legally responsible person of a
minor or incompetent adult client may
request notification after any occurrence
of the use of an intervention procedure as
specified in Subchapter 14R, Section
.0100 of these Rules;
(3) that the competent adult client may des-
ignate an individual to receive notification,
in accordance with G.S. 122C-53(a), after
any occurrence of the use of an inter-
vention procedure as specified in Sub-
chapter 14R, Section .0100 of these Rules;
(4) of notification provisions regarding emer-
gency and intervention procedures, as de-
lineated in Subchapter 14R, Section .0100
of these Rules: and
(5) of notification provisions regarding the
restriction of client rights as specified in
G.S. 122C-62(e).
Statutory Authority G.S. 122C-5I; 143R-147.
.0202 INFORMING CLIENTS OF PROGRAM
POLICIES
(a) Each client shall be informed of program
policies at the time of admission or entry into the
program, or as soon as feasible, but no longer
than 72 hours thereafter. Documentation in the
client record shall reflect that the client or legally
responsible person has been informed of program
policies.
(b) Procedures shall be implemented to assure
that each client and legally responsible person
shall be informed of the following:
( 1) the procedure for obtaining a copy of the
client's treatment or program plan and
discharge plan;
(2) any program rules that the client is ex-
pected to follow and possible penalties for
violations;
(3) the governing body grievance procedures
including the individual to contact and
procedures for assisting clients as needed;
(4) the governing body policy regarding sus-
pension and expulsion;
(5) the governing body policy regarding fee
assessment and collection practices for
treatment or habilitation services;
(6) the client's protections regarding disclosure
of confidential information, as delineated
in G.S. 122C-52 through G.S. 122C-56;
and
(7) program policy on search and seizure.
Statutory Authority G.S. I22G-51 through
I22C-56; 122C-62; I43B-147.
.0203 INFORMING CLIENTS OF ADVOCACY
SERVICES
Procedures shall be implemented to assure that:
(1) Every client is informed of his right to
contact the Governor's Advocacy Council
for Persons with Disabilities (GACPD), the
statewide agency designated under federal
and state law to protect and advocate the
rights of persons with disabilities;
(2) there is compliance with applicable pro-
visions of the federal law governing advo-
cacy services to the mentally ill, as specified
in the Protection and Advocacv for Mentally
111 Individuals Act of 19S6 (Public Law 99-
319) and amended by Public Law 100-509
(1988); and
40
5:1 NORTH CAROLINA REGISTER April 2, 1990
HI
PROPOSED RULES
(3) there is compliance with applicable pro-
visions of the federal laws governing advo-
cacy services to the developmentally
disabled, the Developmental Disabilities
Assistance and Bill of Rights Act, 42 U.S.C.
§ 6000 et. seq.
(4) specific length of time for which consent
is valid;
(5) permission granted to perform the proce-
dure or treatment;
(6) signature of the client or legally responsi-
ble person on written authorizations.
Statutory Authority G.S.
143B-403.1; I43B-403.2.
122C-53; 143B-147;
Statutory Authority G.S. 122C-5I; I22C-57;
I31E-67; I43B-147.
.0204 INFORMING STAFF OF POLICIES
AH staff shall be informed at the time of em-
ployment and annually thereafter, of the rights
of clients as specified in 122C, Article 3 and be
familiar with policies specified in this manual.
Documentation of receipt of information shall
be signed by the staff member and remain a part
of the individual's personnel record.
Statutory Authority G.S. 122C-51; 143B-147.
SECTION .0300 - GENERAL CIVIL, LEGAL AND
HUMAN RIGHTS
.0301 SOCIAL INTEGRATION
Each client shall be encouraged to participate in
appropriate and generally acceptable social inter-
actions and activities with other clients and non-
client members of the community, including
non-handicapped persons other than staff unless
restricted in writing in the client record in ac-
cordance with G.S. 122C-62(e).
Statutory Authority G.S.
143B-147.
122C-51: 122C-62;
.0302 CLIENT SELF GOVERNANCE
The governing body shall establish a process for
client input into program governance and en-
courage and support the development of client
self governance groups.
Statutory Authority G.S. 122C-58.
.0303 INFORMED CONSENT
(a) Consents required in these Rules and G.S.
122C- 57(f) shall be obtained in writing.
(b) Information which is necessary to ade-
quately inform the client shall be documented in
the client record and shall include the following:
(1) name of the procedure or treatment and
its purpose expressed in laymen's terms;
(2) evidence that the benefits, risks, possible
complications and possible alternative
methods of treatment have been explained
to the client or legally responsible person;
(3) notification that the consent may be
withdrawn at any time without reprisal;
.0304 CORPORAL PLNISHMENT
Corporal punishment is prohibited, as specified
in G.S. 122C-59. The use of corporal punish-
ment by employees is considered abuse and in-
vestigated as such as specified in Rule .0306 of
this Section.
Statutory Authority G.S. I22C-59; I43B-I47.
.0305 PROTECTION FROM HARM, ABLSE,
NEGLECT OR EXPLOITATION
(a) Each governing body shall develop policies
in accordance with G.S. 122C-59, G.S. 122C-65,
and G.S. 122C-66.
(b) Employees shall protect clients from harm,
abuse, neglect and exploitation in accordance
with G.S. 122C-66.
(c) Employees shall not subject a client to any
sort of neglect or indignity, or inflict physical or
mental abuse upon any client including, but not
limited to, striking, burning, cutting, teasing,
pinching, taunting, jerking, pushing, tripping or
baiting a client.
(d) Employees shall not sell or buy goods or
services to or from a client except through es-
tablished governing body policy.
(e) Employees shall use only that degree of
force necessary to repel or secure a violent and
aggressive client and which is permitted by gov-
erning body policy. The degree of force that is
necessary depends upon the individual character-
istics of the client (such as age, size and physical
and mental health) and the degree of aggressive-
ness displayed by the client. Use of intervention
techniques shall be in compliance with Sub-
chapter 14R of this Chapter.
(f) Each governing body must develop moni-
toring procedures to assure compliance with G.S.
122C-59, G.S. 122C-65, and G.S. 122C-66.
Statutory Authority
122C-66; 143B-147.
G.S. I22C-59; 122C-65;
.0306 REPORTING ABLSE, NEGLECT OR
EXPLOITATION
The governing body shall implement procedures
to assure that all instances of alleged or suspected
abuse, neglect or exploitation of clients shall be
5:1 NORTH CAROLINA REGISTER April 2, 1990
41
PROPOSED RULES
reported to the County Department of Social
Services as specified in G.S. 108A, Article 6 or
G.S. 7A, Article 44.
Statutory Authority G.S. 7A, Article 44; 108A,
Article 6; 122C-51; 122C-59; 122C-65; 122C-66;
143B-I47; 143B-403.1; PAMU Act, 42 U.S.C.
10801.
SUBCHAPTER 14R - TREATMENT OR
HABILITATION RIGHTS
SECTION .0100 - PROTECTIONS REGARDING
INTERVENTION PROCEDURES
.0101 LEAST RESTRICTIVE ALTERNATIVE
(a) The goal of all treatment and habilitation
shall be to provide services in the least restrictive,
most appropriate and effective positive treatment
modalities.
(b) Any intervention procedure designed to re-
duce a behavior shall always be accompanied by
positive treatment or habilitation methods.
Statutory Authority G.S. 122C-51; 122C-53;
131E-67; 143B-147.
.0102 PROHIBITED PROCEDURES
Each governing body shall develop policies re-
garding prohibited interventions. Such policies
shall specify:
(1) those interventions which have been pro-
hibited by statute or rule which shall in-
clude:
(a) any intervention which would be consid-
ered corporal punishment under G.S.
122C-59;
(b) the contingent use of painful body contact;
(c) substances administered to induce painful
bodily reactions, exclusive of Antabuse;
(d) electric shock (excluding medically ad-
ministered electroconvulsive therapy);
(e) insulin shock; and
(2) those interventions determined by the gov-
erning body to be unacceptable for use in
the facility or prohibited by the funding
agencies or regulations.
Statutory Authority G.S. I22C-51; I22C-57;
122C-59; I31E-67; 1 43 B- 1 47.
.0103 GENERAL POLICIES REGARDING
INTERVENTION PROCEDURES
(a) This Rule applies only to services utilizing
the following interventions:
(1) exclusionary time-out for more than 15
minutes;
(2) time-out for more than one hour;
(3) contingent withdrawal or delay of access
to personal possessions or goods to which
the client would ordinarily be entitled;
(4) consistent deprivation of items or cessa-
tion of an activity which the client is
scheduled to receive (other than basic ne-
cessities);
(5) overcorrection to which the client resists;
and
(6) other interventions specified in Rule .0104
and Rule .0106 of this Section.
(b) The governing body shall develop policies
and procedures for the use of interventions spec-
ified in Paragraph (a) of this Rule, determined to
be acceptable for use in the facility. Such policies
shall include:
(1) procedures for ensuring that the compe-
tent adult client or legally responsible
person of a minor client or incompetent
adult client is informed:
(A) of the general types of interventions
that are authorized for use by the facility;
and
(B) that the legally responsible person can
request notification of each use of an in-
tervention as specified in this Rule, in ad-
dition to those situations required by G.S.
122C-62. When multiple interventions
are required during a 24-hour period, such
notification may be summarized to the
legally responsible person one time during
each 24-hour period;
(C) that the competent adult client may
designate an individual to receive notifi-
cation, in accordance with G.S.
122C- 53(a), alter any occurrence of the
use of an intervention procedure as speci-
fied in Subchapter 14R, Section .0100 of
this Chapter.
(2) provisions for humane, secure and safe
conditions in areas used for the inter-
vention, such as adequate ventilation,
light and a room temperature consistent
with the rest of the facility;
(3) appropriate attention paid to the need for
fluid intake and the provision of regular
meals, bathing and the use of the toilet.
Such attention shall be documented in the
client record; and
(4) procedures for assuring that when an in-
tervention as specified in this Rule has
been used with a client three or more
times in a calendar month, the following
requirements are met:
(A) A treatment or program plan developed
within ten working days of the third in-
tervention. The treatment or program
plan shall include, but not be limited to:
42
5: 1 IS'OR TH CA ROLINA R EG IS TER April 2, 1990
PROPOSED RULES
(i) indication of need;
(ii) specific description of problem be-
havior;
(iii) specific goal to be achieved and esti-
mated duration of procedure;
(iv) specific early intervention when pre-
cursor behaviors are exhibited;
(v) specific procedure to be employed;
(vi) specific methodology of the inter-
vention;
(vii) methods for measuring treatment
efficacy;
(viii) guidelines for discontinuation of the
procedure;
(ix) the accompanying positive treatment
or habilitation methods which are in-
tended to be as strong as the negative
aspects of the plan; and
(x) the specific limitations on approved
uses of the intervention per episode and
per day and requirements for on-site
assessments by the responsible profes-
sional.
(B) In emergency situations, a qualified
professional may continue to use the in-
tervention until the planned intervention
is addressed in the treatment or program
plan.
(C) The qualified professional shall explain
the intervention and the reason for the
intervention to the client and the legally
responsible person, if applicable, and do-
cument such explanation in the client re-
cord.
(D) Before implementation of the planned
intervention, the treatment or habilitation
team, if there is one, shall approve the
treatment or program plan.
(E) The use of the intervention shall be re-
viewed at least monthly by the treatment
or habilitation team.
(F) If a client or legally responsible person
refuses the use of such procedures, the
right to refuse treatment procedures as re-
quired in Rule .0302 of this Subchapter
shall be followed.
(G) The interventions specified in this Rule
shall never be the sole treatment modality
designed to eliminate the target behavior.
Interventions are to be used consistently
and shall always be accompanied by pos-
itive treatment or habilitation methods.
(c) Whenever the interventions as specified in
this Subchapter result in the restriction of a right
in a 24-hour facility as specified in G.S.
122C-62(b) and (d), procedures specified in G.S.
122C-62(e) shall be followed. Exceptions to this
Rule include the use of seclusion, restraint and
isolation time-out, which are regulated in Rule
.0104 of this Section.
(d) Facility employees who authorize and im-
plement interventions shall be privileged to do
so, as well as to utilize alternative approaches.
Such assurances shall be documented and main-
tained in the personnel records of facility em-
ployees.
(e) Statistical records that reflect the frequency
and duration of the individual uses of inter-
ventions specified in this Rule shall be main-
tained. This statistical record shall be made
available to the human rights committee, if there
is one, and the governing body at least quarterly.
Statutory Authority G.S. 122C-51; 122C-53;
122C-60; 122C-62; 131E-67; 143B-147.
.0104 SECLUSION, RESTRAINT AND
ISOLATION TIME OUT
(a) This Rule delineates the procedures to be
followed for seclusion, restraint and isolation
time-out in addition to the procedures specified
in Rule .0103(b) through (e) of this Section.
(b) Those facilities which intend to employ the
use of mechanical restraint or seclusion of a client
shall be designated as a restrictive facility by the
Division of Facility Services.
(c) This Rule governs the use of specific phys-
ical or behavioral interventions which are used to
terminate a behavior or action in which a client
is in imminent danger of abuse or injury to self
or other persons or when substantial property
damage is occurring, or which is used as a meas-
ure of therapeutic treatment. Such interventions
include:
(1) seclusion;
(2) restraint; and
(3) isolation time-out.
(d) The use of seclusion, restraint and isolation
time-out shall be limited to those situations spe-
cified in G.S. 122C-60, which include:
(1) emergency interventions (planned and
unplanned); and
(2) therapeutic treatment as specified in Rule
.0106 of this Section.
(e) If determined to be acceptable for use
within the facility, the governing body shall es-
tablish written policies and procedures that gov-
ern the use of seclusion, restraint and isolation
time-out which shall include the following:
(1) process for identifying and privileging fa-
cility employees who may authorize and
implement such interventions;
(2) provisions that a qualified or responsible
professional shall:
5:7 NORTH CAROLINA REGISTER April 2, 1990
43
PROPOSED RULES
(A) review the use of the intervention as
soon as possible but at least within one
hour of the initiation of its use;
(B) verify the inadequacy of less restrictive
intervention techniques; and
(C) document in the client record evidence
of approval or disapproval of continued
use.
(3) procedures for documenting in the client
record the intervention which occurred, to
include, but not be limited to:
(A) the rationale for the use of the inter-
vention which also addresses the inade-
quacy of less restrictive intervention
techniques;
( B ) notation of the frequency, intensity and
duration of the behavior and any precipi-
tating circumstance contributing to the
onset of the behavior;
(C) description of the intervention and the
date, time and duration of its use; and
(D) signature and title of the facility em-
ployee responsible for the use of the in-
tervention.
(4) procedures for the notification of others
to include:
(A) those to be notified as soon as possible
but no more than 72 hours after the be-
havior has been controlled to include:
(i) the treatment or habilitation team, or
its designee, after each use of the inter-
vention; and
(ii) a designee of the governing body.
(B) notification in a timely fashion of the
legally responsible person of a minor cli-
ent or an incompetent adult client when
such notification has been requested.
(5) procedures to identify clients with reason-
ably foreseeable physical consequences to
the use of restraint, shall include, but not
be limited to:
(A) documentation of clients with physical
disability or past surgical procedures that
would make affected nerves and bones
sensitive to injury; and
(B) the identification and documentation
of alternative emergency procedures if
needed.
(f) Any room used for seclusion or isolation
time-out shall meet the following criteria:
(1) The room shall be designed and con-
structed to ensure the health, safety and
well-being of the client.
(2) The floor space shall not be less than 50
square feet, with a ceiling height of not
less than eight feet.
(3) Floor and wall coverings, as well as any
contents of the room, shall have a one-
hour fire rating and shall not produce
toxic fumes if burned.
(4) The walls shall be kept completely free of
objects.
(5) A lighting fixture, equipped with a mini-
mum of a 75 watt bulb, shall be mounted
in the ceiling and be screened to prevent
tampering by the client.
(6) One door of the room shall be equipped
with a window mounted in a manner
which allows inspection of the entire
room. Glass in any windows shall be
impact resistant and shatterproof.
(7) The room temperature and ventilation
shall be comparable and compatible with
the rest of the facility.
(8) In a room where the door is not under
direct observation by staff and if a staff
person is not assigned to continuously
observe the area during the duration of the
confinement, the lock on the room shall
be interlocked with the fire alarm system
so that the door automatically unlocks
when the fire alarm is activated.
(g) Seclusion, restraint and isolation time-out
shall not be employed as retaliation or for the
convenience of staff or used in a manner that
causes harm or undue physical or mental dis-
comfort or pain to the client.
(h) Whenever seclusion, restraint or isolation
time-out is used on an emergency basis prior to
inclusion in the treatment or program plan, the
following procedures shall be followed:
(1) A facility employee privileged to adminis-
ter emergency interventions may employ
such procedures for up to 15 minutes
without further authorization.
(2) A qualified professional who has experi-
ence and training in the use of seclusion,
restraint or isolation time-out and who
has been privileged to employee such in-
terventions, may authorize the continued
use of such interventions for up to one
hour from the time of initial employment
of the intervention. If a qualified profes-
sional is not immediately available to
conduct an assessment of the client, but
after discussion with the facility employee,
concurs that the intervention is justified
for longer than 15 minutes, continuation
of the intervention may be verbally au-
thorized for up to one hour. The quali-
fied professional shall observe and assess
the client within one hour after authoriz-
ing the continued use of the intervention.
If the intervention needs to be continued
for longer than one hour, the professional
44
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
responsible for the client's treatment or
program plan shall be consulted.
(3) Use of isolation time-out shall not exceed
one hour in Intermediate Care Facilities
for the Mentally Retarded (ICF/MR).
(4) The continued use of seclusion or restraint
for over one hour shall only be authorized
by the responsible professional. If the re-
sponsible professional is not immediately
available to conduct a clinical assessment
of the client, but after discussion with the
qualified professional, concurs that the
seclusion or restraint is justified for longer
than one hour, continuation of the inter-
vention may be verbally authorized until
an on-site assessment of the client can be
made. The responsible professional shall
meet with and conduct an assessment of
the client and write such authorization
within 12 hours from the time of initial
employment of the intervention.
(i) Whenever a client is in seclusion, restraint
or isolation time-out for more than 24 contin-
uous hours, the client's rights, as specified in G.S.
122C-62(b) and (d), are" restricted. The doc-
umentation requirements in this Rule shall satisfy
the requirements specified in G.S. 122C-62(e) for
restriction of rights in G.S. 122C-62(b) and (d).
Rights specified in G.S. 122C-62(a) and (b) shall
be exercised at reasonable intervals.
(j) Whenever seclusion, restraint, or isolation
time-out is used more than three times in 30
consecutive days, the procedure shall be ad-
dressed as a planned intervention in the treatment
or program plan.
(k) In addition to the requirements in this
Rule, additional safeguards as specified in Rule
.0106 of this Section shall be initiated under the
following conditions:
(1) whenever a client exceeds spending 40
hours, or more than one episode of 24 or
more continuous hours in emergency se-
clusion, restraint or isolation time-out
during 30 consecutive days; or
(2) whenever seclusion, restraint or isolation
time-out is used as a measure of thera-
peutic treatment as specified in G.S.
122C-60 and is limited to specific planned
behavioral interventions designed for the
extinction of dangerous, aggressive or un-
desirable behaviors.
(1) The written approval of the designee of the
governing body shall be required when seclusion,
restraint or isolation time-out is utilized for lon-
ger than 24 continuous hours.
(m) Standing orders or PRN orders shall not
be used to authorize the use of seclusion, re-
straint or isolation time-out.
(n) The client shall be removed from seclusion,
restraint or isolation time-out as soon as thera-
peutically appropriate but in no case shall the
client remain in seclusion, restraint or isolation
time-out longer than 30 minutes after gaining
behavioral control. If the client is unable to gain
self-control within the time frame specified in the
authorization, a new authorization must be ob-
tained.
(o) While the client is in seclusion, restraint or
isolation time-out, the following precautions
shall be followed:
(1) Whenever a client is in seclusion or re-
straint, periodic observation of the client
shall occur at least every 15 minutes, or
more often as necessary, to assure the
safety of the client. Appropriate attention
shall be paid to the provision of regular
meals, bathing, and the use of the toilet.
Such observation and attention shall be
documented in the client record.
(2) Whenever a client is in isolation time-out,
there shall be a facility employee in at-
tendance with no other immediate re-
sponsibility than to monitor the client
who is placed in isolation time-out.
There shall be continuous observation
and verbal interaction with the client
when appropriate. Such observation shall
be documented in the client record.
(3) When restraint is used in the absence of
seclusion and the client may be subject to
injurs', a facility employee shall remain
present with the client continuously.
(p) Reviews and reports on the use of seclu-
sion, restraint and isolation time-out shall be
conducted as follows:
(1) all uses of seclusion, restraint and isolation
time-out shall be reviewed in a timely
fashion by a designee of the governing
body and unusual or possibly unwar-
ranted patterns of utilization shall be in-
vestigated;
(2) a log which includes the following infor-
mation on each use of restraint, seclusion
and isolation tune-out shall be main-
tained:
(A) name of the client;
(B) name of the responsible professional;
(C) date of each intervention;
(D) time of each intervention;
(E) type of intervention;
(F) duration of each intervention; and
(G) reason for use of theintervention.
(q) Nothing in this Rule shall be interpreted to
prohibit the use of voluntary seclusion, restraint
or isolation time-out at the client's request;
however, the procedures in this Rule shall apply
5:1 NORTH CAROLINA REGISTER April 2, 1990
45
PROPOSED RULES
with the exception of Subparagraphs (e)(3)(A)
and (B) and Paragraph (h) of this Rule.
Statutory Authority G.S. 122C-51; I22C-53;
/22C-60; 122C-62; 131E-67; 143B-147.
.0105 PROTECTIVE DEVICES
(a) Whenever protective devices are utilized for
clients, the governing body shall develop policies
to ensure that:
( 1) the necessity for the protective device has
been assessed and the device applied by a
professional who has been trained and
privileged in the utilization of protective
devices;
(2) the protective device is the least restrictive
appropriate measure;
(3) the client is frequently observed and pro-
vided opportunities for toileting, exercise,
etc. as needed. Protective devices which
limit the client's freedom of movement
shall be observed at least every hour.
Whenever the client is restrained and
subject to injury by another client, a fa-
cility employee shall remain present with
the client continuously. Observations and
interventions shall be documented in the
client record;
(4) protective devices are cleaned at regular
intervals; and
(5) the utilization of protective devices in the
treatment or program plan shall be subject
to review by the human rights committee,
if there is one.
(b) In addition to the requirements specified in
Paragraph (a) of this Rule, protective devices
used for behavioral control which have the effect
of significantly restraining the client's freedom of
movement shall comply with the requirements
specified in Rule .0103 and Rule .0104 of this
Section.
Statutory Authority G.S. I22C-51; I22C-53:
122C-60; I31E-67; 143B-147.
.0106 INTERVENTIONS REQUIRING
ADDITIONAL SAFEGUARDS
(a) This Rule applies only to services utilizing
interventions specified in Paragraph (b) of this
Rule which present a significant risk to the client
and, therefore, require additional safeguards.
These procedures shall be followed in addition to
the procedures specified in Rule .0103 and Rule
.0104 of this Section if seclusion, restraint or iso-
lation time-out is utilized.
(b) The following interventions are designed for
the primary purpose of reducing the incidence of
aggressive, dangerous or self injurious behavior
to a level which will allow the use of less intrusive
treatment or habilitation procedures. Such in-
terventions include the use of:
(1) seclusion, restraint or isolation time-out
employed as a measure of therapeutic
treatment;
(2) seclusion, restraint, isolation time-out used
on an emergency basis more than 40
hours in a calendar month or more than
one episode of 24 hours;
(3) unpleasant tasting foodstuffs;
(4) planned non-attention to specific undesir-
able behaviors when the target behavior
is health threatening;
(5) contingent deprivation of any basic neces-
sity;
(6) contingent application of any noxious
substances which include but are not lim-
ited to noise, bad smells or splashing with
water; and
(7) any potentially physically painful proce-
dure or stimulus which is administered to
the client for the purpose of reducing the
frequency or intensity of a behavior.
(c) Such interventions shall never be the sole
treatment modality for the elimination of target
behavior. The intervention shall always be ac-
companied by positive treatment or habilitation
methods which include the deliberate teaching
and reinforcement of behaviors which are non-
injurious: the improvement of conditions associ-
ated with non-injurious behaviors such as an
enriched educational and social environment; and
the alteration or elimination of environmental
conditions which are reliably correlated with
self- injury.
(d) Prior to the implementation of any planned
use of the interventions specified in Paragraph (b)
of this Rule, the following written approvals and
notifications shall be obtained and documented
in the client record:
(1) The responsible professional and the
treatment or habilitation team if there is
one shall approve the plan.
(2) Fach client whose treatment or program
plan includes interventions with reason-
ably foreseeable physical consequences
shall receive an initial medical examina-
tion and periodic planned monitoring by
a physician.
(3) The governing body shall assure that a
client advocate has been identified and
informed that the intervention has been
planned for the client and the rationale for
utilization of the intervention.
(4) The governing body shall assure that an
Intervention Advisory Committee as de-
fined in Rule .0107 of this Section has
it
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
been organized and informed regarding
the intervention being planned for the cli-
ent. Confidential information provided
to the advisory committee shall be within
the constraints of G.S. 122C-53(a).
(5) A designee of the treatment or habilitation
team shall explain the intervention and
the reason for the intervention to the cli-
ent and the legally responsible person, if
applicable. The prior written consent of
the client or legally responsible person
shall be obtained except for those situ-
ations specified in Rule .0 104(k)( 1) of this
Section. If the client or legally responsible
person, if applicable, refuses the inter-
vention, the governing body's procedures
regarding the right to refuse treatment
procedures shall be followed.
(e) If any of the persons or committees speci-
fied in Subparagraphs (d)(1), (2), (4), or (5) of
this Rule do not approve the continued use of a
planned intervention, the planned intervention
shall be terminated. The governing body shall
establish an appeal mechanism for the resolution
of any disagreement over the use of the inter-
vention.
(f) Neither the consents nor the approvals spe-
cified in Paragraph (d) of this Rule shall be con-
sidered valid for more than six months. The
responsible professional and the treatment or
habilitation team, if there is one, shall re-evaluate
the use of the intervention and obtain the client's
and legally responsible person's consent for con-
tinued use of the intervention. The decision to
continue the intervention shall be based on clear
and recent behavioral evidence that the inter-
vention is having a positive impact and continues
to be needed.
(g) The plan shall be reviewed at the next
meeting of the Intervention Advisory Committee
within the constraints of 10 NCAC 18D .0215,
division publication APSM 45-1, 1/10/86,
(CONFIDENTIALITY RULES), adopted pur-
suant to G.S. 150B- 14(c). The committee, by
majority vote, may recommend approval or dis-
approval of the plan or may abstain from making
a recommendation. Implementation of the in-
tervention shall be reviewed by the Committee
within 30 days of the initiation of the plan.
(h) The intervention shall be used only when
the responsible professional and the treatment or
habilitation team, if there is one, has determined
and documented in the client record the follow-
ing:
1) that the client is engaging in behaviors that
are dangerous, aggressive and likely to re-
sult in injury to self or others;
(2) that other methods of treatment or habil-
itation employing less intrusive inter-
ventions are not appropriate or effective,
with the reasons supporting this determi-
nation;
(3) the frequency, intensity and duration of
the target behavior, and the behavior's
probable antecedents and consequences;
and
(4) that in the case of aversive interventions,
a systematic study on alternatives to such
interventions has been conducted and
other non-aversive techniques have been
tried and did not work;
(i) Accurate and up-to-date written records
shall be maintained on the application of the in-
tervention and accompanying positive proce-
dures. These records shall include at a minimum
the following:
(1) data which reflect the frequency, intensity
and duration with which the targeted be-
havior occurs (scientific sampling proce-
dures are acceptable);
(2) data which reflect the frequency, intensity
and duration of the intervention and any
accompanying positive procedures; and
(3) data which reflect the facility employees
who administered the interventions.
(')) The governing body shall assure that the
interventions are evaluated at least weekly and
are documented in the client record. A qualified
professional shall be involved in this evaluation
at least every other week.
(k) During the use of the intervention, the in-
tervention advisory committee shall be given the
opportunity to review the treatment or program
plan within the constraints of 10 NCAC 18D
.0215 division publication APSM 45-1, 1/10/86,
(CONFIDENTIALITY RULES) adopted pur-
suant to G.S. 1 5013- 14(c).
Statutory Authority G.S. 122C-51; 122C-53;
122C-57; I22C-60; I22C-62; 131E-67; 143B-147.
.0107 INTERVENTION ADVISORY
COMMITTEES
(a) Intervention advisory committees shall be
established to provide an additional safeguard in
those programs that utilize intrusive treatment
or habilitation interventions specified in Rule
14R .0106.
(b) The committee shall be composed of three
to five concerned citizens who are not employees
of, or members of the governing body. One of
the individuals shall be a professional with train-
ing and expertise in the use of the type of inter-
ventions being utilized, who is not involved in
the treatment or habilitation of the client. The
5:1 NORTH CAROLINA REGISTER April 2, 1990
4~
PROPOSED RULES
committee shall also include at least one person
who is or has been a consumer or who is a close
relative of a consumer.
(c) Each committee shall have policies govern-
ing its operation.
(d) The governing body shall assure that the
committee is supplied with appropriate statutes
and rules governing client rights and related is-
sues and literature about the proposed inter-
ventions and their alternatives. The governing
body shall also assure that each member of the
committee has received specific training and ori-
entation as to the charge of the committee.
(e) The committee shall maintain minutes of
each meeting. Care shall be taken that the min-
utes do not violate the provisions of G.S.
122C-52.
(f) Each committee shall make an annual writ-
ten report to the governing body on the activities
of the committee.
(g) Committee members shall have access to
client records on a need to know basis only upon
the written informed consent of the client or his
legally responsible person as specified in G.S.
122C- 53(a). This access shall be given only
when necessary for committee members to per-
form their duties.
(h) Committee members shall treat the client
record as confidential information in accordance
with G.S. 122C-52 through G.S. 122C-56.
(i) Each committee shall have a caseload of not
more than 30 clients whose intrusive inter-
ventions are being reviewed.
(j) A Human Rights Committee serving this
function shall comply with this Rule.
Statutory Authority G.S. 122C-51 through
122C-56; 143B-147.
SECTION .0200 - PROTECTIONS REGARDING
MEDICATIONS
.0201 SAFEGUARDS REGARDING
MEDICATIONS
(a) The facility shall follow the Rules in 10
NCAC 14K .0349 through .0355, G.S. 122C-57,
and G.S. 90. Articles 1, 4A and 9A when utilizing
drugs or medication.
(b) The use of experimental drugs or medica-
tion shall be considered research and shall be
governed by 10 NCAC 14K .0333 and .0334 and
G.S. 122C-57(f).
(c) The governing body of a medical service
which utilizes neuroleptic medications shall es-
tablish the following policies and procedures rel-
ative to utilization of such medications and
safeguards for prevention of tardive dyskinesia:
(1) methods for minimizing the risk of tardive
dyskinesia by prescribing neuroleptic
medication judiciously and in the lowest
possible therapeutic dosages.
(2) training aimed at education of program
staff regarding indications for using neu-
roleptic medication, expected therapeutic
effects of neuroleptic medication and
common side effects including indications
of tardive dyskinesia; and
(3) procedures for monitoring clients on neu-
roleptic medications for signs of tardive
dyskinesia including the following:
(A) designation of a standardized procedure
or rating system;
(B) frequency of client examinations;
(C) training and privileging of examiners in
the selected methodology; and
(D) documentation in the client record.
Statutory Authority G.S. 122C-51; I22C-57;
131E-67; USB- 147.
SECTION .0300 - RIGHT TO REFUSE
TREATMENT
.0301 THERAPEUTIC AND DIAGNOSTIC
PROCEDURES
In addition to the treatment procedures speci-
fied in G.S. 122C-57(a) through (f), other intru-
sive procedures which are not routine medical
diagnostic or treatment procedures shall require
the express and informed written consent of the
client or legally responsible person prior to their
initiation except in medical emergencies. Proce-
dures requiring written consent shall include, but
are not limited to, the prescription or adminis-
tration of the following drugs:
( 1) Antabuse; and
(2) Depo-Provera when used for non-EDA
approved uses.
Statutory Authority G.S. 90-2/. J; 90-21.13;
I22C-51; I22C-57; 131E-67; 143B-147.
.0302 INTRUSIVE INTERVENTIONS
(a) Interventions as specified in Rules .0103
through .0106 of this Subchapter shall not be
administered to a voluntary client in a non-em-
ergency situation if the client or legally responsi-
ble person refuses the interventions except for
those situations specified in Rule 14R
.0104(k)(l).
(b) The governing body shall develop and im-
plement policies assuring due process procedures
for involuntary clients who refuse the use of in-
trusive interventions.
4S
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Statutory Authority
131E-67; 143B-147.
G.S. 122C-51; 122C-57;
.0303 REFUSAL OF CONSENT
Refusal of consent shall not be used as sole
grounds for termination or threat of termination
of services unless such procedures are the only
viable treatment option available.
Statutory Authority G.S.
143B-147.
122C-51; 122C-57;
SUBCHAPTER 14S - 24-HOUR FACILITIES
SECTION .0100 - SPECIFIC RULES FOR
24 HOUR FACILITIES
.0101 SCOPE
Clients of mental health, developmental disa-
bilities and substance abuse services are provided
certain rights through the General Statutes. This
Subchapter delineates those rights that are rele-
vant to residential and inpatient services.
Statutory Authority
I43B-147.
G.S. 122C-S1; 122C-62;
.0102 COMMUNICATION RIGHTS
(a) Except as provided in G.S. 122C-62(e), cli-
ents in 24-hour facilities maintain communi-
cation rights as specified in 122C-62 at all
reasonable times.
(b) In order to ensure the protection of client
rights specified in G.S. 122C-62(a)(l) and G.S.
122C-62(d)(2), each facility shall make limited
postage available to indigent clients.
(c) Adult clients shall have access to telephones
in private areas, when requested by the client, in
order to ensure the protection of the client right
specified in G.S. 122C-62(b)(l). Access shall
also be in accordance with Section 504 of the
Rehabilitation Act of 1973 and 1978.
Statutory Authority G.S. I22C-62; I43B-147.
.0103 LIVING ENVIRONMENT
(a) Efforts shall be made to:
(1) provide a quiet atmosphere for uninter-
rupted sleep during scheduled sleeping
hours; and
(2) provide areas accessible to the client for
personal privacy, for at least limited peri-
ods of time, unless determined inappro-
priate by the treatment or habilitation
team.
(b) Each client may suitably decorate his room,
or portion of a multi-resident room, with respect
to the client's choice, normalization principles.
and with respect for the physical structure. The
governing body may establish written policies
and justifications which limit this right in certain
circumstances such as resource limitations and
for special admissions (e.g., short-term admis-
sions where admission is for less than 30 days).
Statutory Authority G.S.
143B-I47.
122C-51; 122C-62;
.0104 HEALTH, HYGIENE AND GROOMING
(a) Each client shall be assured the right to
dignity, privacy and humane care in the provision
of personal health, hygiene and grooming care
including, but not limited to the:
(1) opportunity for a shower or tub bath
daily, or more often as needed;
(2) opportunity to shave at least daily;
(3) opportunity to obtain the services of a
barber or a beautician; and
(4) provision of linens and towels, toilet paper
and soap for all clients and other individ-
ual personal hygiene articles for indigent
clients. Such other articles include but are
not limited to toothpaste, toothbrush,
sanitary napkins, tampons, shaving cream
and shaving utensil.
(b) Bathtubs or showers and toilets which en-
sure individual privacy shall be available.
(c) Adequate toilets, lavatory and bath facilities
equipped for use by clients with mobility im-
pairments shall be available.
Statutory Authority G.S.
143B-147.
122C-51; 122C-62;
.0105 STORAGE AND PROTECTION OF
CLOTHING AND POSSESSIONS
The facility shall make every effort to protect
the client's personal clothing and possessions
from theft, damage, destruction, loss, and mis-
placement. This includes, but is not limited to,
assisting the client in developing and maintaining
an inventor)' of clothing and personal possessions
if the client or legally responsible person desires.
Statutory Authority G.S. 122C-62; 143B-147.
.0106 CLIENTS PERSONAL FUNDS
(a) This Rule applies to 24-hour facilities which
typically provide residential services to individual
clients for more than 30 days.
(b) Competent adult clients and minors above
the age of 16 shall be assisted and encouraged to
maintain or invest their money in personal fund
accounts other than at the facility. This shall
include, but not be limited to, investment of
funds in interest bearing accounts.
5.-7 NORTH CAROLINA REGISTER April 2, 1990
49
PROPOSED RULES
(c) If funds are managed for clients by the fa-
cility, the governing body shall develop written
policies and procedures for internal personal fund
accounts which:
(1) assure to the client the right to deposit and
withdraw money;
(2) regulate the receipt and distribution of
funds in personal fund accounts;
(3) provide for the receipt of deposits in per-
sonal fund accounts from friends, relatives
or others and withdrawal by the client;
(4) provide for the keeping of adequate fi-
nancial records on all transactions affect-
ing funds on deposit in personal fund
accounts;
(5) assure that the funds will be kept separate
from any operating funds of the facility;
(6) provide for the deduction from personal
fund accounts for treatment or habili-
tation services when authorized by the
client or legally responsible person upon
or subsequent to admission of the client.
(7) provide for the issuance of receipts to
persons depositing or withdrawing funds;
and
(8) provide the client with a quarterly ac-
counting of personal fund accounts.
(c) The facility may not deduct from a personal
fund account any amount owed or alleged to be
owed to the facility or an employee or visitor to
the facility or other client of the facility for dam-
ages done or alleged to have been done by the
client to the facility, employee, visitor or other
client, unless the legally responsible person au-
thorizes the deduction.
(d) The facility may not use the fact that a cli-
ent or legally responsible person does not au-
thorize a deduction as grounds for termination
or threat of termination of services.
Statutory Authority G.S. 122C-5I; 122C-5S;
122C-62; 1 43 B- 147.
CHAPTER 18 - MENTAL HEALTH: OTHER
PROGRAMS
SUBCHAPTER 181 -GENERAL
REQUIREMENTS
SECTION .0100 - PURPOSE: SCOPE:
APPLICABILITY AND DEFINITIONS
.0120 DEFINITIONS
(a) For the rules contained in Subchapter 1SI
through 18Q of this Chapter the following defi-
nitions apply:
(36) "Farlv Intervention Services" means the
term as defined in 10 NCAC 14K .0103.
(37) (46} "Emergency Service" means an as-
sessment service which is provided on a
24-hour non-scheduled basis to individ-
uals for immediate screening/assessment
of presenting problems. Crisis inter-
vention or referral to other services are
provided as indicated. These services may
be provided either in a hospital or non-
hospital setting.
(38) (44) "First Aid" means the term as defined
in 10 NCAC 14K .0103.
(39) (44) "Follow Along" (for mental retarda-
tion clients) means provision by the
agency for a continuing relationship with
the client for the purpose of assuring that
the client's changing needs are recognized
and appropriately met.
(40) (49} 'Toster Parent" means an individual
who provides substitute care for a planned
period for a child when his own family or
legal guardian cannot care for him; and
who is licensed by the N.C. Department
of Human Resources and supervised by
the County Department of Social Services
or by a private program licensed or ap-
proved to engage in child care or child
placing activities.
(41) (4ft) "Governing Body" means the term
as defined in 10 NCAC 14K .0103.
(42) (444- "He/His/Him" means pronouns used
throughout these standards for conven-
ience and consistency for reference to both
sexes.
(43) "Health Services" means the term as de-
fined in 10 NCAC 14K .0103.
(44) (44) "High nsk children" means the term
as defined in 10 NCAC 14K .0103.
(45) (44) "Hours of Operation" means the
term as defined in 10 NCAC 14K .0103.
(46) (44) "Individual Goal Plan" (for clients
with mental retardation or otherwise de-
velopmentallv disabled) means the term
as defined in'lO NCAC 14K .0103.
(47) (44) "Individual Program Plan" (for cli-
ents with mental retardation or otherwise
developmental! v disabled) means the term
as defined in 10 NCAC 14K .0103.
(48) (44) "Individualized Education Program"
means a written statement for a child with
special needs that is developed and imple-
mented pursuant to 16 NCAC 2F .1500
(Rules Governing Programs and Services
for Children with Special Needs) available
from the Department of Public Instruc-
tion.
(40) (44) "Individual Treatment Plan" (for
mental health substance abuse clients)
50
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
means the term as defined in 10 NCAC
14K .0103.
(50) (48) "Infant" means the term as denned
in 10 NCAC 14K .0103.
(51) (49) "Inpatient service" means a service
provided in a hospital setting on a 24-hour
basis under the direction of a physician.
The service provides continuous, close
supervision for individuals with moderate
to severe mental or substance abuse
problems.
(52) (40) "Justice Treatment Services" means
consultation, treatment or educational
services offered by the area program to
components of the criminal justice system
for individuals who have been indicted,
prosecuted or incarcerated.
(53) (-§4} "Legend Drug" means the term as
defined in 10 NCAC 14K .0103.
(54) 454) "Medication" means the term as de-
fined in 10 NCAC 14K .0103.
(55) (43) "Minor Client" means the term as
defined in 10 NCAC 14K .0103.
(56) (44) "Normalization Principle" means the
principle of helping individuals to obtain
an existence as close to normal as possible
by making available to them patterns and
conditions of every day life that are as
close as possible to the norms and pat-
terns of the mainstream of society.
(57) (45) "Nurse" means the term as defined
in 10 NCAC 14K .0103.
(58) (46) "Parent" means the term as defined
in 10 NCAC 14K .0103.
(59) (4?) "Peer Review" means the formal as-
sessment by professional staff of the qual-
ity and efficiency of services ordered or
performed by other professional staff.
(60) (48) "Periodic Service" means a service
provided through short recurring visits for
individuals who are mentally ill, mentally
retarded or substance abusers who can
function in their normal environment.
(61) (49) "Preschool age child" means the term
as defined in 10 NCAC 14K .0103.
(62) (6©) "Prevention/intervention Service"
means a service provided to the general
public or major segments of a commu-
nity. Service activities include counseling,
information, instruction, and technical as-
sistance with the goals of preventing dys-
function and promoting well being.
(63) (44) "Privileging" means a process by
which each staff member's credentials,
training and experience are examined and
a determination made as to which
treatmcnt/habilitation modalities he is
qualified to provide.
(64) (45) "Program Evaluation" means the
term as defined in 10 NCAC 14K .0103.
(65) (43) "Psychiatric Nurse" means the term
as defined in 10 NCAC 14K .0103.
(66) (44) "Psychiatric Social Worker" means
the term as defined in 10 NCAC 14K
.0103.
(67) (45) "Psychiatrist" means the term as de-
fined in 10 NCAC 14K .0103.
(68) (44) "Psychotherapy" means the term as
defined in 10 NCAC 14K .0103.
(69) (4?) "Psychotropic Medication" means
the term as defined in 10 NCAC 14K
.0103.
(70) (48) "Qualified Alcoholism Professional"
means the term as defined in 10 NCAC
14K .0103.
(71) (49) "Qualified Client Record Manager"
means an individual who is a graduate of
a curriculum accredited by the Council on
Medical Education and Registration of
the .American Medical Record Associ-
ation and who is currently registered or
accredited by the American Medical Re-
cord Association.
(72) (4©) "Qualified Drug Abuse Professional"
means the term as defined in 10 NCAC
14K .0103.
(73) 47+) "Qualified Mental Health Profes-
sional" means the term as defined in 10
NCAC 14K .0103.
(74) 475} "Qualified Mental Retardation Pro-
fessional" means the same as the term
"Qualified developmental disabilities pro-
fessional" as defined in 10 NCAC 14K
.0103.
(75) (43) "Qualified Nutritionist" means the
term as defined in 10 NCAC 14K .0103.
(76) (44) "Qualified Substance Abuse Profes-
sional" means the term as defined in 10
NCAC 14K .0103.
(77) (45) "Registered Dietitian" means the
term as defined in 10 NCAC 14K .0103.
(78) lfl4rf "Rehabilitation" means the term as
defined in 10 NCAC 14K .0103.
(79) (47) "Research" means the term as de-
fined in 10 NCAC 14K .0103.
(80) (48) "Research Review Board" means a
group comprised of at least five members
which has the authority to approve, re-
quire modification, or disapprove pro-
posed research projects of the area
program or its contract agencies. Indi-
viduals not directly associated with re-
search projects under consideration
comprise a majority of the review board.
The review board may be established by
the program conducting research activities
5:7 NORTH CAROLINA REGISTER April 2, 1990
51
PROPOSED RULES
(82)
(S3)
(84)
(85)
or by another public or private agency,
institution or organization.
(81 ) fW} "Residential Service" means a service
provided in a 24-hour living environment
in a non-hospital setting where room,
board, and supervision are an integral part
of the care, treatment, habilitation or re-
habilitation provided the individual.
(80) "Respite episode" means the term as
defined in 10 NCAC 14K .0103.
(£44 "Screening" means the term as de-
fined in 10 NCAC 14K .0103.
(S3) "Severely Physically Disabled
Person" means for the purpose of ADAP
(Adult Developmental Activity Program)
the term as defined in 10 NCAC 14K
.0103.
fSrH "Standard Client Record" means a
written account of all services provided a
client from the time of formal acceptance
of the client by the area program or con-
tract agency until termination of services.
This information is documented on stan-
dard forms which are filed in a standard
order.
(86) (84) "Standards" means specifications of
the required basic levels of activity and
required basic levels of human and tech-
nical resources necessary for the imple-
mentation and operation of mental health,
mental retardation and substance abuse
programs. Standards are officially titled
"Standards for Area Programs and Their
Contract Agencies", are codified in 10
NCAC 181 through 18Q and are pub-
lished by the Division as APSM 35-1.
(87) (&S) "State Facility" means a facility op-
erated by the Division and which provides
mental health, mental retardation or sub-
stance abuse services.
(86) "Student" means an individual who
is participating in a prescribed course of
instruction, for example, an individual
who is enrolled in an alcohol and drug
education traffic school or a drug educa-
tion school.
(89) (£?4 "Substantially Mentally Retarded
Person" means the term as defined in 10
NCAC 14K .0103.
(90) (&&} "Support Services" means the term
as defined in 10 NCAC 14K .0103.
(91 ) {SAj "Telephone Counseling Service" me-
ans an organized and publicized service
providing short-term supportive coun-
seling, referral, crisis intervention and in-
formation.
( 9 2 ) (-0% "Testing Services" means the admin-
istration and interpretation of the results
(88
of standardized instruments for the as-
sessment, diagnosis or evaluation of psy-
chological or developmental disorders.
(93) (£+) "Toddler" means the term as defmed
in 10 NCAC 14K .0103.
(94) (93) "Utilization Review" means exam-
ination of the appropriateness of admis-
sion, services ordered and provided, length
of treatment and discharge practice usu-
ally on a concurrent basis. Utilization
review focuses upon the individual client.
(95) (94} "Vocational Rehabilitation Services"
means services available to eligible men-
tally and physically disabled citizens who,
with reasonable accommodations, can
perform the essential function of the job
in question as defined in the Rehabili-
tation Act of 1973 (P.L. 93-112 as
amended).
Statutory Authority G.S. 122C-3; 143B-147.
SUBCHAPTER ISM - REQUIRED SERVICES
SECTION .0400 - CASE MANAGEMENT FOR
INDIVIDUALS OF ALL DISABILITY GROUPS
.0408 CASE MANAGEMENT ACTIVITIES
(a) Case management activities shall include:
(1)
(2)
(3)
(4)
(5)
comprehensive assessment of the client's
trcatment/habilitation needs or problem
areas;
the allocation of responsibilities for im-
plementation and monitoring of the
trcatment/habilitation plan;
establishment of separate and joint re-
sponsibilities among staff and service
agencies involved in helping the individ-
ual;
planning for need J- or problem resolution
through the identification or development
of an appropriate service network inclu-
sive of all available resources; and
the evaluation of outcomes.
When infants and toddlers are served, the
following additional activities are included:
ill
developing transition plans m conjunction
with the family related to entry into pre-
121
Li!
(4)
school which are the responsibility of the
Department of Public Instruction or other
involved public or private service provid-
ers;
facilitating and participating in the devel-
opment, review and evaluation of individ-
ualized family service plans:
informing families of the availability of
advocacy services:
coordinating with medical and health
providers: and
52
5:1 SORT II CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(5) assisting parents of eligible children in
gaining access to the early intervention
services and other services identified in the
individualized family services plan.
Statutory Authority G.S. 122C-63; 143B-147.
.0409 STAFF QUALIFICATIONS
When infants, toddlers and preschoolers are
served, the case manager shall have demonstrated
knowledge and understanding about:
(1) infants and toddlers with or at risk for de-
velopmental delays or atypical development;
(2) Fart II of PL 99-457, the federal regulations
related to it and relevant state statutes and
standards;
(3) effective and appropriate help-giving be-
haviors; and
(4) the nature and scope of the services avail-
able under the state's early intervention
program, resources available for payment for
services and other related information.
Statutory Authority G.S. I22C-63; 1 43 B- 147.
TITLE 14A - DEPARTMENT OF CRIME
CONTROL AND PUBLIC SAFETY
lyotice is hereby given in accordance with G.S.
150B-12 that the Department of Crime Control &
Public Safety I Division of State Highway Patrol
intends to amend rides cited as 14 A NCAC 911
.0302, .0801 - .0804.
1 he proposed effective date of this action is A u-
gust I, 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 3. 1990 at Library, Second Floor,
Archdale Bui/ding, 512 N. Sa/isbwy Street, Ra-
leigh, NC 276/1.
a
omment Procedures: Any interested person
may present comments relevant to the action pro-
posed at the public hearing either in writing or oral
form. Written statements not presented at the
public hearing may be directed prior to the hearing
to Wanda D. Goodson, Administrative Procedures
Coordinator. First Floor, Archdale Building, 512
.V. Salisbwy Street, P.O. Box 27687, Raleigh, NC
27611-7687.
CHAPTER 9 - STATE HIGHWAY PATROL
SECTION .0300 - WRECKER SERVICE
.0302 ROTATION OF WRECKER REQUESTS
(a) When a motorist does not request a partic-
ular wrecker service, members shall inform the
telecommunicator as to the person making the
request and shall inform the telecommunicator
that the person has no preference as to a wrecker
service. Troop commanders may arrange for te-
lecommunicators to maintain a computerized
rotation wrecker scrvico log on which private
business concerns providing dependable, 24-hour
wrecker service may be listed at their request,
provided they conform with the laws governing
the operation of wreckers. Telecommunicators
shall be responsible for assuring that each service
is called on a regular and equal rotating basis,
unless emergency circumstances require a devi-
ation from the rotation policy, as described in
Paragraph Paragraphs (c) and (d) of this Regu-
lation, or the Patrol Troop Commander ap-
proves the use of a "Zone Wrecker Services"
concept for a particular jurisdiction because of
special considerations.
(b) The telecommunicator shall enter in the
computerized note t-H* th<» log the name of the
wrecker service contacted and the response by the
service to the request. 44*» tolccommunicator
l- r "t ■ i II * j ' ^ ♦ . ^ i »i i i-^ . i \ , \ t i Hi ^ , \ • I i . | • fc w-k , 1 t ■ f-y\ ■ \ , \. f tUii , 2 ' 1 I I
' H 1UII 1 1 T 'IV II T 1 1 1U \\f i, rTTTT l_! 1 1 1 L1 CTTTTT PTTTTC I ' t I I IV CTTTT
aft4 shall initial hi* entry m (4w k*gr The date and
time of the call is automatically recorded in the
computerized log as well as the identification
number of the telecommunicator making the en-
(c) When an emergency exists, members shall
not be required to call wreckers requested by
motorists or required by the rotation log, but
shall instead call the nearest available wrecker
service, when an emergency exists. (For exam-
ple, when traffic congestion is a major problem,
when persons are pinned in the wreckage, when
danger of fire or explosion is present, or when
other emergency situations exist.)
(d) In the event the computerized rotation log
is not in service (CAD down), the member re-
questing wrecker service shall be notified. The
member shall request the nearest available rota-
tion wrecker. The request shall be entered on the
slip log by the communications center as "CAD
DOWN NEAREST ROTATION WRECKER
Rl Ol 1 Sll D
NTMBFR)".
BY
(UNIT
CALL
Statutory Authority G.S. 20-/84: 20-185: 20-187;
20-/88.'
SI BCIIAPTER 911 ENFORCEMENT
REGULATION'S
SECTION .0800 - PERSONS IN CUSTODY
.0801 SEARCH FOR WEAPONS
5:1 NORTH CAROLINA REGISTER April 2, 1990
53
PROPOSED RULES
Members shall search all male prisoners and
take possession of all weapons and evidence.
Exceptions may he made to this Rule as noted
in Rule .0X02.
Statutory Authority G.S. 15A-231; 15A-401; 20-
184: 20-185; 20-187; 20-/SS.
.0802 SEARCH OF PRISONERS OF THE
OPPOSITE SEX
(a) A mala member shall search a female pris-
oner of the opposite sex only when an immediate
search is necessary to assure the safety of the
prisoner, member or others, or to preserve evi-
dence which might otherwise be destroyed. If a
member of the same sex as the prisoner is not
available, only a pat-down search will be con-
ducted unless circumstances warrant an immedi-
ate, thorough search.
(h) A pat-down search may be delayed until the
arrival of a second officer. If a second officer is
not available and or there is a safety issue, the
pat-down search will not be delayed.
(c) fb} Searches made under such conditions
shall be made with all possible regard for decency
and, if possible, a witness should be present.
Statutory Authority G.S. 15A-231; 15A-401; 20-
184; 20-185; 20-187; 20-188.
.0803 TRANSPORTING PRISONERS
Members shall transport prisoners to aft appro
priate place «+ detention without delay aftd shall
ftH+ accompany a prisoner te- the- prisoner's place
e+~ residence without the consent &f a superior
officer, search and handcuff all persons under
arrest or in custody prior to transportation and
shall not remove the handcuffs until the prisoner
is delivered to a detention facility. t: xceptions to
this Rule may be made within the discretionary
guidelines of Directivt
Security and
portation of Prisoners.
Statutory Authority G.S. 20-184; 20-185: 20-187;
20-/88.
.0804 TRANSPORTING PRISONERS OF THE
OPPOSITE SEX
( a ) A male member '..hall ftt-4 transport a female
without a third pep. on being present throughout
the k4pr When transportation of a person of the
opposite sex is necessary, a third person, if pos-
sible, should be present throughout the trip.
Exceptions may be made whenever it is impossi-
ble or impractical to have a third person present.
(b) Whenever it is necessary for a male member
to transport a female person of the opposite sex
without the presence of a third person, he /she
shall:
(1) Notify the telecommunicator on duty of
the Hfft© ©f- depart uro &f arrest, the
odometer reading, destination a»4 esti-
mated time, ef- arrival at- that- location;
identity' and description of the person,
reason for arrest or transportation, lo-
cation, destination and odometer reading.
(2) Upon arrival at the destination the mem-
ber shall notify the telecommunicator &f
the time aft4 the odometer reading, such
arrival, with a repeat of the identity of the
person transported and the odometer
reading.
(c) Exceptions may be made to the Rules set
forth in this Section in individual cases when au-
thorized by a Eirst Sergeant or higher authority.
Statutory Authority G.S. 20-/84; 20-185; 20-/87;
20-188.
TITLE 15A - DEPARTMENT OF
ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
No
otice is hereby given in accordance with G.S.
I50B-I2 that the Environmental Management
Commission intends to amend rule(s) cited as
15A NCAC2B .0315.
1 he proposed effective date of this action is No-
vember I, 1990.
Th
he public hearing will be conducted at 7:00
p.m. on June 7, 1990 at Superior Courtroom,
Craven County Courthouse, 302 Broad Street,
New Bern. X.C.
a
omment Procedures: All persons interested in
this matter are invited to attend. Comments,
statements, data, and other information may be
submitted in writing prior to, during, or within 30
days after the hearing or may be presented orally
at the hearing. Oral statements may be limited
at the discretion of the hearing officer. Submittal
of written copies of oral statements is encouraged.
For more information please contact Suzanne H.
Keen, Division of Environmental Management,
P.O. Box 2~687, Raleigh, NC 276/1 (9/9) 733-
5083.
CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT
SUBCHAPTER 2B - SURFACE WATER
STANDARDS: MONITORING
54
5:1 \ORTH CAROLIAA REGISTER April 2, 1990
PROPOSED RULES
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
.0315 NEUSE RIVER BASIN
(b) The Neuse River Basin Schedule of Clas-
sification and Water Quality Standards was
amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980;
(4) August 9, 1981;
(5) January 1, 1982;
(6) April 1, 1982;
(7) December 1, 1983;
(8) January 1, 1985;
(9) August 1, 1985;
(10) February 1, 1986;
(11) May 1, 1988;
(12) July 1, 1988;
(13) October 1, 1988;
(14) January 1, 1990;
( 1 5) November 1. 1990,
(f) The Schedule of Classifications and Water
Quality Standards for the Neuse River Basin was
amended effective November _L F>90 with the
reclassification of the following waters described
in Paragraphs (f)( 1 ) through (3):
( 1 ) Northwest (.'reek from its source to the
Neuse River (Index No. 27- 105) from
Class SC Sw NSW to Class SB Svv NSW;
(2) Upper Broad Creek | Index No.
27-ll)6-(4)| from Pamlico County SR
1 103 at 1 ces 1 an ding to the Neuse River
from Class SC Sw NSW to Class SB Sw
NSW; and
(3| Goose Creek [Index No. 27-107-(6)| from
Wood 1 anding to the Neuse River from
Class SC Sw NSW to Class SB Sw NSW.
Statutory Authority G.S. 143-214.1; 143-215.1;
143-215.3(a)(l).
•k-k'k'k'k'k'k'k'k'k'k'k-kie'k-k-k'k
No
otice is hereby given in accordance with G.S.
1 SOB- 12 that the EHNR - Division of Environ-
mental Management intends to adopt nile(s)
cited as 15A NCAC 2N .010/ - .0/04; .0201 -
.0203; .0301 - .0303; .040/ - .0405; .050/ - .0506;
.0601 - .0604; .070/ - .0708; .080/ - .0805.
1 he proposed effective date of this action is Oc-
tober 1. 1990.
A
on:
A sheville
May 2, 1990
Humanities Lecture Hall
UNC- A sheville
Raleigh
May 7, 1990
Ground Floor Hearing Room
Archdale Building
512 N. Salisbury Street
New Bern
May 10, 1990
Craven County Courthouse
302 Broad Street
2nd Floor
c
omment Procedures: Oral comments may be
made at a hearing, or written statements may be
submitted to the agency prior to April 30, 1990.
Written copies of oral statements exceeding three
minutes are requested. Oral statements may be
limited at the discretion of the hearing officers.
Send comments to: Randy Prillaman, Envir.
Specialist, EHN R-DEM-Groundwater, P. O. Box
27687, Raleigh, NC 27611. Telephone (919)
733-3221.
SUBCHAPTER 2N - UNDERGROUND
STORAGE TANKS
SECTION .0100 - GENERAL CONSIDERATIONS
.0101 GENERAL
(a) The purpose of this Subchapter is to es-
tablish the technical standards and corrective ac-
tion requirements for owners and operators of
underground storage tanks.
(b) The Groundwater Section of the Division
of Environmental Management shall administer
the underground storage tank program for the
State of North Carolina.
(c) Division staff may conduct inspections as
necessary to ensure compliance with these Rules.
(d) Subsequent to the effective date of this Rule
land owners shall ensure that the presence and
location of all UST systems are recorded on all
deeds, at the time of transfer, to any property on
which the UST systems are located.
Statutory Authority
143B-282(2)(h).
G.S. 143-2/5.3(a)(15);
11 public hearing will be conducted at 7:00 p.m.
.0102 COPIES OF REFERENCED
FEDERAL REGULATIONS
(a) Copies of applicable Code of Federal Reg-
ulations sections referred to in this Subchapter
are available for public inspection at Department
5:1 NORTH CAROLINA REGISTER April 2, 1990
55
PROPOSED RULES
of Environment, Health and Natural Resources
regional offices. They are:
(1) Asheville Regional Office, Interchange
Building, 59 Woodfin Place, Post Office
Box 370, Asheville, North Carolina
28802;
(2) Winston-Salem Regional Office, Suite 100,
8025 North Pomt Boulevard, Winston-
Salem, North Carolina 27106;
(3) Mooresville Regional Office, 919 North
Main Street, Mooresville, North Carolina
28115;
(4) Raleigh Regional Office, 3800 Barrett
Drive, Post Office Box 27687, Raleigh,
North Carolina 2761 1;
(5) Fayetteville Regional Office, Wachovia
Building, Suite 714, Fayetteville, North
Carolina 28301;
(6) Washington Regional Office, 1424 Caro-
lina Avenue, Farish Building, Washing-
ton, North Carolina 27889;
(7) Wilmington Regional Office, 7225
Wriuhtsville Avenue, Wilmington, North
Carolina 28403.
(b) Copies of such regulations can be made at
these regional offices for ten cents ($0.10) per
page.
Statutory Authority G.S. 7A-308(a)( 12);
143-21 5.3(a)( 15); 1433-282(2) (h).
.0103 ADOPTION BY REFERENCE UPDATES
The Code of Federal Regulations adopted by
reference in this Subchapter shall automatically
include any later amendments thereto as allowed
by G.S. 150B- 14(c).
Statutory Authority G.S. 143-215. 3(a)( 15 );
143B-282(2)(h).
.0104 IDENTIFICATION OF TANKS
(a) Owners and operators shall maintain at
each facility a diagram that clearly indicates, for
each underground storage tank:
( 1 ) location with respect to property bounda-
ries and any permanent on-site structures;
(2) total storage capacity, in gallons;
(3) the exact type of petroleum product (such
as unleaded gasoline. No. 2 fuel oil, diescl)
or hazardous substance stored; and
(4) the year the tank was installed.
(b) The diagram shall be made available for
inspection, during normal operating hours, to
authorized representatives of the Department.
Statutory Authority G.S. 143-215. 3(a) (15);
1438-282(2) (h).
SECTION .0200 - PROGRAM SCOPE
AND INTERIM PROHIBITION
.0201 APPLICABILITY
The provisions for "Applicability" contained in
40 CFR 280.10 (Subpart A) have been adopted
by reference in accordance with G.S. 150B- 14(c)
except that underground storage tanks containing
de minimis concentrations of regulated sub-
stances are subject to the requirements for per-
manent closure in Rules .0802 and .0803 of this
Subchapter.
Statutory Authority G.S. 143-21 5.3(a) ( 15);
143B-282(2)(h); 1 SOB- 14(c).
.0202 INTERIM PROHIBITION FOR
DEFERRED L ST SYSTEMS
The provisions for 'interim Prohibition for de-
ferred L'ST systems" contained in 40 CFR
280.11 (Subpart A) have been adopted by refer-
ence in accordance with G.S. 150B- 14(c).
Statutory Authority G.S. 143-21 5.3(a) ( 15);
143B-282(2)(h); 150B-14(c).
.0203 DEFINITIONS
(a) The definitions contained in 40 CFR 280.12
(Subpart A) have been adopted by reference in
accordance with G.S. 150B- 14(c).
(b) This Rule shall apply throughout this
Subchapter except that:
(1) "Implementing agency' shall mean the
"Division of Environmental
Management."
(2) "Division" shall mean the "Division of
Environmental Management."
(3) "Director" and "Director of the Imple-
menting Agency" shall mean the "Direc-
tor of the Division of Environmental
Management."
(c) The following definitions shall apply
throughout this Subchapter:
(1) "De minimis concentration" means:
(A) In an EST system which contains both
a hazardous substance measured as mass
per unit volume of liquid, and petroleum,
that amount of hazardous substance
which does not alter the detectability, ef-
fectiveness of corrective action, toxicity
or carcinogenicity of the petroleum prod-
uct to any significant degree, or
(B) In an EST system which contains a
petroleum product, solely or in combina-
tion with one or more non-hazardous
substances, that amount of petroleum
which does not exceed one percent of the
capacity of the tank, excluding piping or
vent lines.
56
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(2) "Expeditiously emptied after use" means
the removal of a regulated substance from
an emergency spill or overflow contain-
ment UST system within 48 hours after
the necessity for use of the UST system
has ceased.
(3) "Previously closed" means:
(A) An UST system from which all regu-
lated substances had been removed using
commonly employed practices, the tank
filled with a solid inert material, and tank
openings were sealed or capped prior to
December 22, 1988, or
(B) An UST system removed from the
ground prior to December 22, 1988.
(4) "Temporarily closed" means:
(A) An UST system from which the prod-
uct has been removed such that not more
than one inch of product and residue are
present in any portion of the tank; or
(B) Any UST system in use as of December
22, 1988 which complies with the pro-
visions of 15A NCAC 2M .0801.
(5) "Licensed geologist" means a person who
is presently registered and licensed as a
geologist by the North Carolina Board for
Licensing of Geologists.
(6) "Professional engineer" means a person
who is presently registered and licensed as
a professional engineer by the North Ca-
rolina State Board of Registration for
Professional Engineers and Land Sur-
veyors.
(7) "Secondary' containment" means a
method or combination of methods of
release detection for UST systems that
includes, but is not limited to:
(A) Lor tanks, double-walled construction,
external liners (including vaults) or other
methods, approved by the Division,
which meets the provisions of 40 CLR
280.42(b)(5); and
(B) Lor underground piping, trench liners,
double-walled construction or other
methods, approved by the Division,
which meet the provisions of 40 CLR
280.42(b)(5).
Authority G.S. 143-215.3 (a) (15); 143B-282 (2)
(hi; 150B-14 (c); 40 C.F.R. 280.12.
SECTION .0300 - LSI SYSTEMS: DESIGN,
CONSTRUCTION, INSTALLATION, AND
NOTIFICATION
.0301 PERFORMANCE STANDARDS FOR
NEW I ST SYSTEMS
(a) The "Performance standards for new UST
systems" contained in 40 CLR 280.20 (Subpart
B) have been adopted by reference in accordance
with G.S. 150B- 14(c) except that:
( 1) 40 CLR 280.20(a)(2)(iv) has been changed
to read "Cathodic protection systems are
operated and maintained in accordance
with 15A NCAC 2N .0402, or as ap-
proved by the Director;"
(2) 40 CLR 280.20(b)(2)(iv) has been changed
to read "Cathodic protection systems are
operated and maintained in accordance
with 15A NCAC 2N .0402 or as approved
by the Director;"
(3) 40 CLR 280.20(a)(4) is not adopted by
reference; and
(4) 40 CLR 280.20(b)(3) is not adopted by
reference.
(b) No UST system shall be installed:
(1) within 100 feet of a well serving a public
water system, as defined in 10 NCAC 10D
.0702, or within 50 feet of any other well
supplying water for human consumption;
or
(2) within 100 feet of any surface water clas-
sified as WS-I, WS-II, WS-III, SA or
ORW, as defined in 15A NCAC 2B .0200,
or any other source of public water sup-
plies.
(c) An UST system must meet the require-
ments of Rule .0503 of this Subchapter if it is
installed:
( 1) within 500 feet of a well serving a public
water system, as defined in 10 NCAC 10D
.0702 or within 100 feet of any other well
supplying water for human consumption;
or
(2) within 500 feet of any surface water clas-
sified as WS-I, WS-II, WS-III, SA or
ORW, as defined in 15A NCAC 2B .0200,
or any other source of public water sup-
plies; and
(3) in a location determined by the Director
to be unsuitable for conventional installa-
tion based on an evaluation of the site by
Division staff.
NOTE: ALTERNATIVE TO PROPOSED .0301
.0301 PERFORMANCE STANDARDS FOR
NEW LIST SYSTEMS
(a) The "Performance standards for new UST
systems" contained in 40 CLR 280.20 (Subpart
B) have been adopted by reference in accordance
with G.S. 1 SOB- 14(c) except that:
(1) 40 CLR 280.20(a)(2)(iv) has been changed
to read "Cathodic protection systems are
operated and maintained in accordance
with 15A NCAC 2N .0402, or as ap-
proved by the Director;"
5:1 NORTH CAROLINA REGISTER April 2, 1990
57
PROPOSED RULES
(2) 40 CFR 280.20(b)(2)(iv) has been changed
to read "Cathodic protection systems are
operated and maintained in accordance
with I5A NCAC 2N .0402 or as approved
by the Director;"
(3) 40 CFR 280.20(a)(4) is not adopted by
reference; and
(4) 40 CFR 280.20(b)(3) is not adopted by
reference.
(b) No UST system shall be installed:
( 1) within 500 feet of a well serving a public
water system, as defined in 10 NCAC 10D
.0702, or within 50 feet of any other well
supplying water for human consumption;
or
(2) within 500 feet of anv surface water clas-
sified as WS-I, WS-II, WS-III, SA or
ORW, as defined in 15A NCAC 2B .0200,
or any other source of public water sup-
plies.
(c) .All UST system must meet the release de-
tection requirements of Rule .0503 of this Sub-
chapter.
Authority G.S. 143-2153 (a) (15); 143B-2S2 (2)
(h); 1 SOB- 14 (c); 40 C.F.R. 280.20.
.0302 UPGRADING OF EXISTING UST
SYSTEMS
(a) The provisions for "Upgrading of existing
UST systems" contained in 40 CFR 280.21
(Subpart B) have been adopted by reference in
accordance with G.S. 150B- 14(c).
(b) Owners must submit to the Division, on
forms provided by the Division, and within 30
days following completion, a description of the
upgrading of any UST system conducted in ac-
cordance with the requirements of 40 CFR
280.21.
Statutory Authority G.S. 143-215.3(a)( 15);
1438-282(2) (h); 1 SOB- 14(c).
.0303 NOTIFICATION REQUIREMENTS
The "Notification requirements" contained in
40 CFR 2S0.22 (Subpart B) have been modified
as follows:
(1) Any owner of an UST system must submit
to the Division, on forms provided by the
Division, a notice of intent to conduct any
of the following activities:
(a) Installation of a new UST system;
(b) Installation of a leak detection device in-
stalled outside of the outermost wall of
the tank and piping, such as vapor de-
tection or groundwater monitoring de-
vices; and
(c) Permanent closure or change-in-service of
an UST system.
(2) Notification as required in Paragraph (a)
of this Rule shall be given at least 30 days
before the activity is begun except as au-
thorized by the Director.
(3) Owners and operators of UST systems that
were in the ground on or after May 8, 1986,
were required to notify the Division in ac-
cordance with the Hazardous and Solid
Waste Amendments of 1984, Public Law
98-616, on a form published by the Envi-
ronmental Protection Agency on November
8, 1985 (50-FR 46602) unless notice was
given pursuant to Section 103(c) of
CERCFA. Owners or operators who have
not complied with the notification require-
ments may complete the appropriate por-
tions of the form, provided by the Division,
and submit the form to the Division.
(4) Beginning October 24, 1988, any person
who sells a tank intended to be used as an
underground storage tank must notify the
purchaser of such tank of the owners's no-
tification obligations under Paragraphs (a)
and (b) of this Rule.
(5) Any reference in 40 CFR 2S0 to the notifi-
cation form in Appendix I shall refer to the
North Carolina notification form approved
by the Division and EPA.
Authority G.S. 143-215.3 (a) (15); 143B-282 (2)
(h); 150B-14 (c); 40 C.F.R. 280.22.
SECTION .0400 - GENERAL OPERATING
REQUIREMENTS
.0401 SPILL AND OVERFILL CONTROL
The provisions for "Spill and overfill control"
contained m 40 CFR 280.30 (Subpart C) have
been adopted by reference in accordance with
G.S. 150B- 14(c).
Statuton' Authority G.S. 143-2/ 5.3(a) ( 15);
143B-2S2(2)(h); 150B- 14(c).
.0402 OPERATION AND MAINTENANCE OF
CORROSION PROTECTION
The provisions for "Operation and maintenance
of corrosion protection" contained in 40 CFR
280.31 (Subpart C) have been adopted by refer-
ence in accordance with G.S. 150B- 14(c).
Statuton' Authority G.S. 143-215. 3(a)( 15 );
143B-282(2j(h); 150B- 14(c).
.0403 COMPATIBILITY
The provisions for "Compatibility" contained
m 40 CFR 280.32 (Subpart C) have been
58
5:1 XORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
adopted by reference in accordance with G.S.
150B- 14(c).
Statutory Authority G.S. 143-21 5 3(a) ( 15);
143B-282(2)(h); 150B-14(c).
.0404 REPAIRS ALLOWED
(a) The "Repairs allowed" provisions con-
tained in 40 CFR 280.33 (Subpart C) have been
adopted by reference in accordance with G.S.
1 SOB- 14(c).
(b) Owners must submit to the Division, on
forms provided by the Division, and within 30
days following completion, a description of the
repairs made to any LIST system performed in
accordance with 40 CFR 280.33.
Statutory Authority G.S. 143-2 1 5.3(a) ( 15);
I43B-282(2)(h); 150B-14(c).
.0405 REPORTING AND RECORDKEEPING
(a) The "Reporting and recordkeeping" proce-
dures contained in 40 CFR 280.34 (Subpart C)
have been adopted by reference in accordance
with G.S. 150B- 14(c).
(b) Owners and operators must also submit to
the Division, on forms provided by the Division
and within 30 days following completion, results
of the site investigation conducted:
( 1 ) at permanent closure; or
(2) to insure compliance with the require-
ments for installation of vapor monitoring
and groundwater monitoring devices, as
specified in 40 CFR 280.43(e)(1) through
(e)(4) and 280.43(f)(1) through (f)(5), re-
spectively.
(c) Owners must submit to the Division, on
forms provided by the Division, and within 30
days following completion:
(1) A description of the repairs made to any
LIST system performed in accordance
with 40"CFR 280.33;
(2) A description of the upgrading of any UST
system conducted in accordance with the
requirements of 40 CFR 280.21;
(3) Certification of the proper operation of a
corrosion protection system, as demon-
strated by testing, at a frequency and in a
manner specified in 40 CFR 280.31;
(4) Certification of compliance with the re-
quirements for leak detection specified in
40 CFR 280.40, 40 CFR 280.41, 40 CFR
280.42, 40 CFR 280.43 and 40 CFR
280.44. The certification must specify the
leak detection method and date of com-
pliance for each UST.
Statutory Authority G.S. 143-21 5.3(a) ( 15);
143B-282(2)(h); 150B- 14(c).
SECTION .0500 - RELEASE DETECTION
.0501 GENERAL REQUIREMENTS FOR
ALL UST SYSTEMS
The "General requirements for all UST
systems" provisions contained in 40 CFR 280.40
(Subpart D) have been adopted by reference in
accordance with G.S. 150B- 14(c).
Statutory Authority G.S. 143-2 15. 3 (a) ( 15);
143B-282(2)(h); 1 SOB- 14(c).
.0502 REQUIREMENTS FOR PETROLEUM
UST SYSTEMS
The "Requirements for petroleum UST
systems" provisions contained in 40 CFR 280.41
(Subpart D) have been adopted by reference in
accordance with G.S. 150B-l4(c).
NOTE: ALTERNATIVE TO PROPOSED .0502
.0502 REQUIREMENTS FOR PETROLEUM
UST SYSTEMS
(a) "Requirements for petroleum UST
systems" provisions contained in 40 CFR 280.41
(Subpart D) have been adopted by reference in
accordance with G.S. 150B-14(c).
(b) All petroleum UST systems shall also
comply with the "Requirements for hazardous
substance UST systems" provisions contained in
40 CFR 280.42 (Subpart D).
Statutory Authority G.S. 143-215.3(a)( 15);
1433-282(2) (h); 150B-14(c).
.0503 REQUIREMENTS FOR HAZARDOUS
SUBSTANCE UST SYSTEMS
The "Requirements for hazardous substance
UST systems" provisions contained in 40 CFR
280.42 (Subpart D) have been adopted by refer-
ence in accordance with G.S. 150B- 14(c).
NOTE: ALTERNATIVE TO PROPOSED .0503
.0503 REQUIREMENTS FOR HAZARDOUS
SUBSTANCE UST SYSTEMS
The "Requirements for hazardous substance
L^ST systems" provisions contained in 40 CFR
280.42 (Subpart D) have been adopted by refer-
ence in accordance with G.S. 150B- 14(c), except
that the requirements shall also apply to petro-
leum UST systems as designated at Rule
.0301(c).
Statutory Authority G.S. 143-2/5.3(a)( 15);
I43B-2S2(2) (h): 150B- 14(c).
5:1 NORTH CAROLINA REGISTER April 2, 1990
59
PROPOSED RULES
.0504 METHODS OF RELEASE DETECTION
FOR TANKS
(a) The "Methods of release detection for
tanks" contained in 40 CFR 280.43 (Subpart D)
have been adopted by reference in accordance
with G.S. 150B-14(c) except that:
(1) 4d CFR 280.43 (d)(2) is amended to read:
"Inventory control, or another test of
equivalent performance approved by the
Department, conducted in accordance
with the requirements of 40 CFR
2S0.43(a)";
(2) 40 CFR 280.43(f)(7) is amended to read:
"Within and immediately below the L'ST
system excavation zone, the site is as-
sessed to ensure compliance with the re-
quirements of 40 CFR 2S0.43(f)(l)
through (f)(5), as modified by this Rule,
and to establish the number and posi-
tioning of monitoring wells or devices that
will detect releases from any portion of the
tank that routinely contains products";
and
(3)
(b)
quids
(1
(2.
(3)
(4)
(5
""
4(i CFR 280.43(f)(3). (f)(4), and (f)(5) are
not adopted by reference.
Wells used for monitoring or testing for li-
on the groundwater shall be:
1 or new installations, located within and
at the end of the excavation having the
lowest elevation and along piping at in-
tervals not exceeding 50 feet; or
For existing installations, located in the
excavation zone or as near to it as techni-
cally feasible and installed in a borehole
at least four inches larger than the diam-
eter of the casing;
A minimum of two inches in diameter.
The number of wells installed must be
sufficient to detect releases from the L'ST
system;
Equipped with a screen that extends from
two feet below land surface to a depth of
2d feet below land surface or the seasonal
low water level, whichever is shallower.
The screen shall be designed and installed
to present the migration of natural soils
or filter pack into the well while allowing
the entry of regulated substances into the
well under both high and low groundwa-
ter level conditions;
Surrounded with a clean sand or gravel
to the the top of the screen, plugged and
grouted the remaining distance to finished
grade with cement grout;
Constructed of a permanent casing and
screen material that is inert to the stored
substance and is corrosion resistant;
(7) Developed upon completion of installa-
tion until the water is clear and relatively
sediment free;
(8) Protected with a water tight cover and
lockable cap;
(9) Fabeled as a liquid monitor well; and
( 10) Fquipped with a continuously operating
liquid leak detection device; or
(A) For tanks storing petroleum products,
tested at least once every 14 days with a
device hydrocarbon-sensitive paste capa-
ble of detecting the liquid stored; or
(B) For tanks storing hazardous substances,
sampled and tested at least once even' 14
days for the presence of the stored sub-
stance.
(c) Wells used for monitoring or testing for li-
quids on the groundwater at new installations,
and constructed in accordance with Paragraph
(b) of this Rule, shall be deemed to be permitted
in accordance with the requirements of 15A
NCAC 2B .0105.
(d) Any person completing or abandoning any
well, used for testing of vapors or monitoring for
liquids on the groundwater, shall submit the re-
cord required by Rule .01 14(b) of the Well Con-
struction Standards (15A NCAC 2C .0100).
(e) The site assessments required bv 40 CFR
280.43(e)(6) and 40 CFR 280.43(f)(7) shall be
conducted by or under the supervision of a li-
censed geologist or professional engineer.
(f) Wells used for monitoring for the presence
of vapors in the soil gas of the excavation zone
shall be equipped with a continuously operating
vapor detection device or tested at least once ev-
ery 14 days for the presence of the substance
stored.
Authority G.S. 143-215.3 (a) (15); I43B-282 (2)
flu: I50B-14 (c); 40 C.F.R. 280.43.
.0505 METHODS OK RELEASE DETECTION
FOR PIPING
The "Methods of release detection for piping"
provisions contained in 40 CFR 280.44 (Subpart
D) have been adopted by reference in accordance
with G.S. 150B- 14(c).
Statutory Authority G.S. !43-2l5.3(a)( 15);
143B-282(2)(h ); 150B-14(c).
.0506 RELEASE DETECTION
RECORDKEEPING
The provisions for "Release detection record-
keeping" contained in 40 CFR 280.45 (Subpart
D) have been adopted by reference in accordance
with G.S. 150B-14(c).
60
5:1 XORTH CAROLEXA REGISTER April
1990
PROPOSED RULES
Statutory Authority G.S. 143-21 53(a) ( 15);
143B-282(2)(h); I50B-I4(c).
SECTION .0600 - RELEASE REPORTING,
INVESTIGATION, AND CONFIRMATION
.0601 REPORTING OF SUSPECTED
RELEASES
The provisions for "Reporting of suspected re-
leases" contained in 40 CFR 280.50 (Subpart E)
have been adopted by reference in accordance
with G.S. 150B- 14(c), except that the words, "or
another reasonable time period specified by the
implementing agency," are deleted from the first
sentence.
Statutory Authority G.S. 143-21 5.3(a) ( 15);
1433-282(2) (h); 150B- 14(c).
.0602 INVESTIGATION DUE TO OFF-SITE
IMPACTS
The "Investigation due to off-site impacts"
provisions contained in 40 CFR 280.51 (Subpart
E) have been adopted by reference in accordance
with G.S. 150B- 14(c).
Authority G.S. 143-215.3 (a) (15); 143B-282 (2)
(h); 150B-14 (c); 40 C.F.R. 280.51
.0603 RELEASE INVESTIGATION AND
CONFIRMATION STEPS
The "Release investigation and confirmation
steps" provisions contained in 40 CFR 280.52
(Subpart E) have been adopted by reference in
accordance with G.S. 150B- 14(c), except that the
first sentence has been rewritten to read: "Unless
corrective action is initiated in accordance with
Subpart F, owners must immediately investigate
and confirm all suspected releases of regulated
substances requiring reporting under Section
280.50 within seven days, unless prior approval
for an extension of time has been granted by the
Director before the seven days have expired, us-
ing either the following steps or another proce-
dure approved by the Division."
Authority G.S. 143-215.3 (a) (15); 143B-282 (2)
(h); 150B-14 (c); 40 C.F.R. 280.52.
.0604 REPORTING AND CLEANUP OF SPILLS
AND OVERFILLS
The "Reporting and cleanup of spills and over-
fills" provisions contained in 40 CFR 280.53
(Subpart E) have been adopted by reference in
accordance with G.S. 150B- 14(c), except that:
(1) In 40 CFR 280.53(a) and (b), the words,
"or another reasonable time period specified
by the implementing agency," arc not
adopted by reference;
(2) In 40 CFR 280.53(a)( 1) and (b), the words,
"or another reasonable amount specified by
the implementing agency" are not adopted
by reference; and
(3) In 40 CFR 280.53(b), the words, "or an-
other reasonable amount specified by the
implementing agency" and the words "or
another reasonable time period specified by
the implementing agency," are not adopted
by reference.
Authority G.S. 143-215.3 (a) (15); 143B-282 (2)
(h); 150B-14 (c); 40 C.F.R. 280.53.
SECTION .0700 - RELEASE RESPONSE AND
CORRECTIVE ACTION FOR UST SYSTEMS
CONTAINING PETROUEUM OR
HAZARDOUS SUBSTANCES
.0701 GENERAL
(a) The "General" provisions contained in 40
CFR 280.60 (Subpart F) have been adopted by
reference in accordance with G.S. 1 SOB- 14(c).
(b) Any corrective action undertaken in ac-
cordance with this Section must meet the re-
quirements and standards specified in 15A
NCAC 2L .0106.
Statutory Authority G.S. 143-21 5.3(a) ( 15 );
143B-282(2)(h); 150B- 14(c).
.0702 INITIAL RESPONSE
The provisions for "Initial response" contained
in 40 CFR 280.61 (Subpart F) have been
adopted by reference in accordance with G.S.
1 SOB- 14(c), except that the words, "or another
reasonable time period specified by the imple-
menting agency," in the first sentence are not
adopted by reference.
Statutory Authority G.S. 143-21 ' 5.3(a) ( 1 '5);
143B-282(2)(h); 150B- 14(c).
.0703 INITIAL ABATEMENT MEASURES
AND SITE CHECK
The provisions for "Initial abatement measures
and site check" contained in 40 CFR 280.62
(Subpart F) have been adopted by reference in
accordance with G.S. 1 SOB- 14(c), except that:
(1) 40 CFR 280.61(a)(6) is rewritten to read,
"Investigate to determine the possible pres-
ence of free product, and begin free product
removal within ten days, unless prior ap-
proval for an extension of time has been
granted by the Director before the ten days
have expired, and in accordance with 40
CFR 280.64;" and
(2) In 40 CFR 280.62(b) the words, "or within
another reasonable period of time dcter-
5:1 NORTH CAROLINA REGISTER April 2, 1990
61
PROPOSED RULES
mined by the implementing agency," axe not
adopted by reference.
Statutory Authority G.S. 143-215.3(a)(15);
143B-282(2)(h); 150B- 14(c).
INITIAL SITE CHARACTERIZATION
provisions for "Initial site
.0704
The
characterization" contained in 40 CFR 280.63
(Subpart F) have been adopted by reference in
accordance with G.S. 150B- 14(c), except that in
40 CFR 280.63(b) the words, "or another rea-
sonable period of time determined by the imple-
menting agency," are replaced by the words,
"unless prior approval has been granted by the
Director before the 45 days have expired."
Statutory Authority G.S. 143-21 5.3(a)( 1 5);
1433-282(2) (h); 150B- 14(c).
.0705 FREE PRODUCT REMOVAL
The provisions for "Free product removal"
contained in 40 CFR 280.64 (Subpart F) have
been adopted by reference in accordance with
G.S. 150B-14(c).
Statutory Authority G.S. 143-215.3(a)( 15);
143B-282(2)(h); 150B-14(c).
.0706 INVESTIGATIONS FOR SOIL AND
GROUND WATER CLEANUP
The provisions for "Investigations for soil and
ground-water cleanup" contained in 40 CFR
280.65 (Subpart F) have been adopted by refer-
ence in accordance with G.S. 1 SOB- 14(c), except
that 40 CFR 280.65(b) has been rewritten to
read, "Owners and operators must conduct the
investigation and submit the information col-
lected under Paragraph (a) of this Section in ac-
cordance with a special order, consent special
order or similar document."
Authority G.S. 143-215.3 (a) (15); 143B-2S2 (2)
(h); 150B-/4 (c); 40 C.F.R. 280.65.
.0707 CORRECTIVE ACTION PLAN
The provisions for a "Corrective action plan"
contained in 40 CFR 280.66 (Subpart F) have
been adopted by reference in accordance with
G.S. 1 SOB- 14(c), except that:
(1) 40 CFR 280.66(a) has been rewritten to
read: "At any point after reviewing the in-
formation submitted in compliance with 40
CFR 280.61 through 40 CFR 280.63, the
Division may require owners and operators
to submit additional information or to de-
velop and submit a corrective action plan for
responding to contaminated soils and
groundwater. If a plan is required, owners
and operators must submit the plan accord-
ing to a schedule and format established by
the Division. Owners and operators are re-
sponsible for submitting a plan that provides
for adequate protection of human health and
the environment as determined by the Divi-
sion, and must modify their plan as neces-
sary to meet this standard"; and
(2) In 40 CFR 280.66(c) the words "schedule
and in a format established by the imple-
menting agency," are replaced by the words
"special order, consent special order, or si-
milar document."
Authority G.S. 143-215.3 (a) (15); 143B-282 (2)
(h); 150B-/4 (c); 40 C.F.R. 280.66.
.0708 PUBLIC PARTICIPATION
(a) The provisions for "Public participation"
contained in 40 CFR 280.67 (Subpart F) have
been adopted by reference in accordance with
G.S. 150B-14(c).
(b) For each confirmed release that requires a
corrective action plan, the Division will provide
for public participation and notice to those
members of the public directly affected by the
release and the planned corrective action in ac-
cordance with provisions of G.S. 143-215. 4(b).
Authority G.S. 143-2/5.3 (a) (15); 143B-282 (2)
(h); 150B-14 (c); 40 C.F.R. 280.67.
SECTION .0800 - OUT-OF-SERVICE
LSI SYSTEMS AND CLOSURE
.0801 TEMPORARY CLOSURE
The provisions for "Temporarv closure" con-
tained m 40 CFR 280.70 (Subpart G) have been
adopted by reference in accordance with G.S.
150B-14(c).
Statutory Authority G.S. 143-21 5.3(a) ( 15 );
!43B-282(2)(h); 150B- 14(c).
.0802 PERMANENT CLOSURE AND
CHANGES-IN-SERVICE
The provisions for "Permanent closure and
changes-in-service" contained in 40 CFR 280.71
(Subpart G) have been adopted by reference in
accordance with G.S. 1 SOB- 14(c) except that an
I ST system containing de minimis concen-
trations of a regulated substance must meet the
closure requirements of this Rule within 12
months of the effective date of these Rules.
Statutory Authority G.S. 143-21 '5.3(a) (15);
l43B-2S2(2)(hi; 150R- 14(c).
62
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
.0803 ASSESSING THE SITE AT CLOSURE
OR CHANGE-IN-SERVICE
The provisions for "Assessing the site at closure
or change-in-service" contained in 40 CFR
280.72 (Subpart G) have been adopted by refer-
ence in accordance with G.S. 1 SOB- 14(c), except
that:
(1) references to methods and requirements
have been expanded to include all applicable
references and methods listed in 15A NCAC
2M .0504;
(2) site assessments shall be conducted by or
under the supervision of a licensed geologist
or professional engineer;
(3) the number and location of samples, and
method of their collections shall be deter-
mined in accordance with procedures estab-
lished by the Department; and
(4) the requirements of this Rule do not apply
to USTs which were temporarily closed
prior to December 22, 1988.
Statutory Authority G.S. l43-215.3(a)( 15):
143B-282(2)(h); 150B-14(c).
.0804 APPLICABILITY TO PREVIOUSLY
CLOSED UST SYSTEMS
The "Applicability to previously closed UST
systems" provisions contained in 40 CFR 280.73
(Subpart G) have been adopted by reference in
accordance with G.S. 150B- 14(c).
Statutory Authority G.S. 143-21 5.3(a)( 1 5);
143B-282(2)(h); 150B- 14(c).
.0805 CLOSURE RECORDS
The "Closure records" provisions contained in
40 CFR 280.74 (Subpart G) have been adopted
by reference in accordance with G.S. 150B- 14(c).
Statutory Authority G.S. !43-215.3(a)( 15);
143B-2S2(2) (h); 150B- 14(c).
******************
NCAC 3 A .0001 - .0002, .0004 - .0005; 3B .0101
- .0103, .0105, .0107 - .0/09, .0111, .0/13 - .0117,
.0201 - .0203, .0205 - .0207, .0301 - .0302, .0304
- .0310, .0401 - .0404, .0408 - .0410, .0413, .0501
- .0505, .0602, .0701 - .0702, .0801 - .0802, .0901
- .0907, .1001 - .1005, .1101 - .1103, .1105 - .1/09,
.1111, .1201 - .1205, .1401 - .1408, .1501 - .1507,
.1601 - .1605; 3C .0/02 - .0104, .0/10, .0114,
.0201, .0203, .0206, .0209 - .0210, .0212, .0302 -
.0305, .0308 - .0312, .0314; 3E .0101; 3F .0101 -
.0107, .0201 - .0202; 3G .0001 - .0011.
1 he proposed effective date of this action is
January 1, 1991, with the exception of Rule 3K
.0202 proposed for September 1, 1991.
1 he public hearing will be conducted at 7:30
p.m. on:
May 7, 1990
Beaufort County Superior Courtroom
Washington
May 8, 1990
Elizabeth City State University
Elizabeth City
May 9, 1990
NC Aquarium
Manteo
May 10, 1990
Chic Center
llatteras
May 14. 1990
Archdale Building
Ground Floor Hearing Room
Raleigh
May 15. 1990
Government Complex
Bolivia
l\otice is hereby given in accordance with G.S.
1 SOB- 12 that the N.C. Marine Fisheries Commis-
sion intends to adopt nde(s) cited as 15A NCAC
3H .0001 - .0004; 31 .0001 - .00/2; 3J .0/01 -
.0109, .020/ - .0207, .030/ - .0304; 3K .0101 -
.0/07, .0201 - .0205, .0301 - .0305. .040/ - .0403.
.0501 - .0506; 3L .0/0/ - .0/04, .0201 - .0205,
.0301 - .0302; 3M .0101 - .0/02, .020/ - .0206,
.0301 - .0302, .0401 - .0404, .0501 - .0507; 3N
.0001 - .0005; 30 .0101 - .0/09, .0201 - .02/0; 3P
.0001 - .0002; 3Q .0101 - .0107, ,0201 - .0202; 3R
.0001 - .0011; and repeal ruk(s) cited as I5A
May 16, 1990
New Hanover County Courthouse
Room 302
Wilmington
May 17, 1900
Duke University Marine Lab
Beaufort
Comment Procedures: Comments and state-
ments, both written and oral, may be presented at
the hearings. Each hearing will be preceded by a
public meeting to begin at 7:00 p.m. Written
5:1 NORTH CAROLINA REGISTER April 2, 1990
63
PROPOSED RULES
comments are encouraged and may be submitted
to the Marine Fisheries Commission, PO Box 769,
Morehead City, NC 28557. These written and
oral comments must be received no later than June
4, 1990.
CHAPTER 3 - MARINE FISHERIES
SUBCHAPTER 3A - DIVISION RULES
.0001 IDENTIFICATION INFORMATION
(REPEALED)
.0002 BASIC PURPOSE AND FUNCTION OF
THE DIVISION (REPEALED)
Statutory Authority G.S. 113-134; 150B-1I.
.0004 DEFINITIONS (REPEALED)
.0005 DELEGATION OF AUTHORITY TO
FISHERIES DIRECTOR (REPEALED)
Statutory Authority G.S. 113-134; 143B-10;
1 SOB- 10.
SUBCHAPTER 3B - FISHERIES REGULATIONS
FOR COASTAL WATERS
SECTION .0100 - GENERAL REGULATIONS
.0101 SCOPE AND FUNCTION (REPEALED)
.0102 DEFINITIONS (REPEALED)
.0103 TEMPORARY SUSPENSION OF
REGULATIONS (REPEALED)
Statutory Authority G.S. 113-121; 113-134;
143B-289.4.
.0105 LEGAL SIZES AND CREEL LIMITS
(REPEALED)
Statutory Authority G.S. 113-134; 113-182;
113-221'; I43B-2S9.4.
.0107 CONFISCATION AND DISPOSITION
(REPEALED)
.0108 INTRODUCTION OF EXOTICS
(REPEALED)
.0109 OCEAN FISHING PIERS (REPEALED)
Statutory Authority G.S. 113-134; 1/3-/37;
113-182; 1/3-185; 113-221; I43B-289.4.
.0111 ARTIFICIAL REEFS AND RESEARCH
SANCTUARIES (REPEALED)
Statutory Authority G.S. 1/3-/34; 113-181;
113-/82; I43B-289A.
.0113 PROTECTION OF SEA TURTLES
(REPEALED)
.01 14 SEA IT RTLE SANCTUARY
(REPEALED)
.0115 ENDANGERED OR THREATENED
SPECIES (REPEALED)
.0116 SHIPPING AND TRANSPORTING
SEAFOOD (REPEALED)
.0117 MILITARY RESTRICTED AREAS
(REPEALED)
Statutory Authority G.S. 113-132; 1/3-134;
1/3-/38; 113-181; 113-182; 113-224; I43B-289.4.
SECTION .0200 - LICENSES
.0201 LICENSE AGENTS (REPEALED)
.0202 DEALER'S AND OCEAN PIER
LICENSE DISPLAY (REPEALED)
.0203 VESSEL LICENSE (REPEALED)
Statutory Authority G.S. 113-134; 113-151. 1;
113-152; 1 43 B- 289.4.
.0205 BAIT DEALERS (REPEALED)
.0206 SURRENDER OF LICENSES
(REPEALED)
.0207 SALE OF FISH (REPEALED)
Statutory Authority G.S. 113-134; 113-151;
1/3-156; 1 13-166; 1 43 B- 289.4.
SECTION .0300 - NET REGULATIONS:
GENERAL
.0301 FIXED OR STATIONARY NETS
(REPEALED)
.0302 NETS OR NET STAKES (REPEALED)
Statutory Authority G.S. 113-134; 1/3-/82;
143B-289.4.
.0304 GILL NETS (REPEALED)
.0305 TRAWL NETS (REPEALED)
.0306 PURSE SEINES AND PURSE GILL
NETS (REPEALED)
.0307 CHANNEL NETS (REPEALED)
.0308 POIND NETS (REPEALED)
.0309 NETS PULLED BY MORE THAN ONE
BOAT (REPEALED)
.0310 SEINES PULLED BY ONE OR MORE
BOATS (REPEALED)
Statutory Authority G.S. 113-134; 113-182;
113-221; I43B-286; 143B-289.4.
SECTION .0400 - NET REGLLATIONS:
SPECIFIC
.0401 ALBEMARLE SOUND AND
TRIBUTARIES (REPEALED)
.0402 ATLANTIC OCEAN (REPEALED)
.0403 CHOWAN RIVER AND ITS
TRIBl I ARIES (REPEALED)
.0404 CI RRITI C K SOI ND AND ITS
TRIBl I ARIES (REPEALED)
<>1
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Statutory Authority G.S. 113-134; 113-182;
I43B-289.4.
.0408 PAMLICO SOUND (REPEALED)
.0409 ROANOKE, CASHIE, MIDDLE, AND
EASTMOST RIVERS (REPEALED)
.0410 SOUTHPORT BOAT HARBOR
(REPEALED)
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0413 CAROLINA POWER AND LIGHT
INTAKE CANAL (REPEALED)
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
SECTION .0500 - DREDGES, POTS, RAKES AND
OTHER FISHING DEVICES
.0501 DREDGES AND MECHANICAL
METHODS (REPEALED)
.0502 MISCELLANEOUS FISHING DEVICES
(REPEALED)
.0503 LEAVING DEVICES UNATTENDED
(REPEALED)
.0504 EEL: CRAB: FISH: SHRIMP POTS
(REPEALED)
.0505 RAKES (REPEALED)
Statutory Authority G.S. 113-134; 113-/37;
113-182; 113-221; 143B-289.4.
SECTION .0600 - USE OF FINFISH FOR
OTHER THAN HUMAN CONSUMPTION
.0602 UNMARKETABLE FOOD OR SCRAP
FISH (REPEALED)
Statutory Authority G.S. 1/3-/34; 113-185;
143B-2S9.4.
SECTION .0700 - SHRIMP AND SHRIMPING
(REPEALED)
.0701 USE OF NETS IN TAKING SHRIMP
.0702 SHRIMPING SEASON
Statutory Authority G.S. 113-134; 113-182;
113-221; 1 43 B- 289.4.
.0901 SIZE AND HARVEST LIMIT,
PERMIT, METHOD OF TAKING CLAMS
.0902 PROHIBITED CLAMMING AREAS
.0903 RANGIA CLAMS
.0904 POSSESSION OF UNAPPROVED CLAMS
.0905 TAKING OR UNLOADING CLAMS ON
SUNDAY OR AT NIGHT
.0906 PERMITS FOR TAKING CLAMS FOR
PLANTING
.0907 CLAM HATCHERIES
Statutory Authority G.S. 113-134; 113-182;
113-201; 113-202; 113-203; 113-221; 143B-289.4.
SECTION .1000 - SCALLOPS (REPEALED)
.1001 SOAKED OR SWELLED SCALLOPS
PROHIBITED
.1002 BAY SCALLOP SEASON AND
HARVEST LIMITS
.1003 PROHIBITED DREDGES
.1004 CALICO SCALLOP SEASON
.1005 SEA SCALLOPS
Statutory Authority G.S. 113-134; 113-182;
113-221; I43B-289.4.
SECTION .1 100 - OYSTERS
.1101 OYSTER SEASON (REPEALED)
.1102 SHELLFISH MANAGEMENT AREAS
(REPEALED)
.1 103 SIZE LIMIT AND CULLING
TOLERANCE (REPEALED)
Statutory Authority G.S. 113-134; 113-182;
113-201; 1 13-221; 143B-289.4.
.1105 POSSESSION OF UNAPPROVED
OYSTERS (REPEALED)
.1106 MARKETING OYSTERS TAKEN FROM
PRIVATE BEDS (REPEALED)
.1 107 PERMITS FOR TAKING OYSTERS
FOR PLANTING (REPEALED)
.1108 TRAWLING ACROSS OYSTER
MANAGEMENT BEDS (REPEALED)
.1109 TAKING OR UNLOADING OYSTERS
ON SUNDAY OR AT NIGHT (REPEALED)
Statutory Authority G.S. 1/3-/34; II 3-/82;
113-201; 113-202; 1/3-203; I43B-286;
I43B-289.4.
SECTION .0800 - CRABS (REPEALED)
.0801 TAKING OF CRABS
.0802 CRAB SPAWNING SANCTUARIES
Statutory Authority G.S. 113-134; 113-/82;
113-221; I43B-2894.
SECTION .0900 - CLAMS (REPEALED)
.1111 TAKING OYSTERS, CLAMS, AND
MUSSELS FROVI POLLUTED WATERS
(REPEALED)
Statutory Authority G.S. 1/3-/34; 113-182;
113-221; 143B-289.4.
SECTION .1200 - LOBSTER (REPEALED)
.1201 MINIMUM SIZE LIMIT
5:1 NORTH CAROLINA REGISTER April 2, 1990
65
PROPOSED RULES
.1202 EGG BEARING AND SCRUBBED
LOBSTERS
.1203 SHUCKED LOBSTER MEAT
.1204 DETACHED LOBSTER PARTS
.1205 LOBSTER TRAPS
Statutory Authority G.S. 113-134; 113-182;
113-221; 143D- 289.4.
SECTION .1400 - NURSERY AREAS
(REPEALED)
SCOPE AND PURPOSE
NURSERY AREAS DEFINED
MAPS AND MARKING
VIOLATION TO USE SPECIFIC
NETS AND DREDGES
DESCRIPTIVE BOUNDARIES:
PRIMARY NURSERY AREAS
VIOLATION TO USE SPECIFIC
EQUIPMENT
DESCRIPTIVE BOUNDARIES-
PERMANENT SECONDARY NURSERY
AREAS
DESCRIPTIVE BOUNDARIES-SPECIAU
SECONDARY NURSERY AREAS
.14111
.1402
.1403
.1404
.1405
.1406
.1407
.1408
Statutory Authority G.S. 113-134; 113-182;
113-221; 113-229; 143B-2S9.4.
SECTION .1500 - STRIPED BASS AND MULLET
(REPEALED)
.1501 STRIPED BASS: GENERAL
.1502 STRIPED BASS: SEASON, INTERNAL
COASTAL WATERS
.1503 STRIPED BASS: SIZE AND CREEL
LIMIT, INTERNAL COASTAL WATERS
.1504 STRIPED BASS: SEASON AND SIZE
LIMIT: ATLANTIC OCEAN
.1505 STRIPED BASS: TRAWL NETS
.1506 HYBRID STRIPED BASS CULTURE
.1507 MULLET
Statutory Authority G.S. 113-132; 113-134;
113-182; 113-221; 143B-2S9.4.
SECTION .1600 - DEPURATION OF
SHELLFISH (REPEALED)
HARVEST SEASON
HARVEST AREAS, TIMES AND
METHODS
.1603 HARVEST PERMITS
.1604 TRANSPORT
.1605 MECHANICAL DEPURATION
FACILITIES
.1601
.1602
Statutory Authority G.S. 113-134; 113-182;
113-201; 113-221; 143B-289.4.
SECTION .0100 - LICENSES
.0102 APPLICATION FOR A COMMERCIAL
FISHING LICENSE (REPEALED)
.0103 PROCEDURE TO PURCHASE A
COMMERCIAL FISHING LICENSE
(REPEALED)
.0104 VESSEL LENGTH DESCRIPTION
(REPEALED)
Statutory Authority G.S. 113-151; 113-152;
143B-289.4.
.0110 APPLICATION FOR AN OYSTER:
SCALLOP: CLAM LICENSE (REPEALED)
Statutory Authority G.S. 1/3-151; 113-154;
143B-289.4.
.01 14 DEALER LICENSES: DEFINITIONS
(REPEALED)
Statutory Authority G.S. 113-151; 113-156;
143B-289.4.
SECTION .0200 - PERMITS
.0201 IN GENERAL (REPEALED)
Statutory Authority G.S. 113-134; 1 43 B- 289. 4.
.0203 PERMIT FOR MECHANICAL HARVEST
OF CLAMS (REPEALED)
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0206 PERMITS, SEED MANAGEMENT AREAS
(REPEALED)
Statutory Authority G.S. 113-201; 113-203;
143B-289.4.
.0209 SCIENTIFIC COLLECTING PERMIT
(REPEALED)
.0210 TERMINATION AND EXPIRATION OF
LICENSES AND PERMITS (REPEALED)
Statutory Authority G.S. 113-134; 113-151;
1/3-166; 113-182; 113-261; 143B-289.4;
150B-23.
.0212 PERMITS FOR AQUACULTURE
OPERA! IONS (REPEALED)
Statutory Authority G.S. 113-134; 113-182;
143B-2S9.4.
SUBCHAPTER 3C - LICENSES: PERMITS: AND
LEASES
SECTION .0300 -SHELLFISH LEASES AND
FRANCHISES
66
5:1 SORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
.0302 SUITABLE AREAS FOR LEASING
(REPEALED)
.0303 SHELLFISH LEASE APPLICATIONS
(REPEALED)
.0304 SHELLFISH LEASE APPLICATION
PROCESSING (REPEALED)
.0305 MARKING SHELLFISH LEASES AND
FRANCHISES (REPEALED)
Statutory Authority G.S. 76-40; 113-134; 113-
182; 1/3-201; 113-202; 1/3-205; 143B-2S9.4.
.0308 SHELLFISH LEASE RENEWAL
(REPEALED)
.0309 SHELLFISH LEASE PROTEST
(REPEALED)
.0310 PRODUCTION REPORTS (REPEALED)
.0311 CANCELLATION (REPEALED)
.0312 TRANSFER OF INTEREST
(REPEALED)
Statutory Authority G.S. 113-134; 1/3-201;
113-202; 143B-289.4.
.0314 SHELLFISH FRANCHISES
(REPEALED)
Statutory Authority G.S. 113-134; 113-201;
1/3-202; 11 3-205; I43B-289.4.
SUBCHAPTER 3E - MARINE FISHERIES
COMMISSION
SECTION .0100 - HEARING PROCEDURES
.0101 CONTESTED CASE HEARING
PROCEDURES (REPEALED)
Statutory Authority G.S. 113-134; 143B-289.4;
150B- 14(c); 150B-23.
SUBCHAPTER 3F - JURISDICTION OF
AGENCIES: CLASSIFICATION OF WATERS
SECTION .0100 - GENERAL REGULATIONS:
JOINT (REPEALED)
.0101 SCOPE AND PURPOSE
.0102 INLAND FISHING WATERS
.0103 COASTAL FISHING WATERS
.0104 JOINT FISHING WATERS
.0105 POSTING DIVIDING LINES
.0106 APPLICABILITY OF REGULATIONS:
JOINT WATERS
.0107 SPECIAL REGULATION'S: JOINT
WAFERS
Statutory Authority G.S. 113-132; 113-134;
143B-286; 143B-289.4.
SECTION .0200 - BOUNDARY LINES:
COASTAL-JOINT-INLAND FISHING WATERS
(REPEALED)
.0201 SPECIFIC CLASSIFICATION OF
WATERS
.0202 DESCRIPTIVE BOUNDARIES
Statutory Authority G.S. 113-132; 113-134;
143B-289.4.
SUBCHAPTER 3G - DESCRIPTIVE
BOUNDARIES (REPEAUED)
.0001 SEA TURTUE SANCTUARY
.0002 MIUITARY RESTRICTED AREAS
.0003 TRAWL NETS PROHIBITED
.0004 PURSE SEINES PROHIBITED
.0005 MECHANICAL METHODS PROHIBITED
.0006 DESIGNATED POT AREAS
.0007 TAKING CRABS WITH DREDGES
.0008 CRAB SPAWNING SANCTUARIES
.0009 PRIMARY NURSERY AREAS
.0010 PERMANENT SECONDARY NURSERY
AREAS
.001 1 SPECIAU SECONDARY NURSERY AREAS
Statutory Authority G.S. 113-134; 113-181;
113-182; 113-221; 143B-289.4.
SUBCHAPTER 3H - IDENTIFICATION AND
DELEGATION OF AUTHORITY
.0001 IDENTIFICATION INFORMATION
(a) The Marine Fisheries Division of the De-
partment of Environment, Health, and Natural
Resources maintains its office headquarters at the
Marine Fisheries Building, 3411 Arendell St.,
Post Office Box 769, Morehead City, North Ca-
rolina 28557. Telephone (919) 726-7021, or 1-
800-682-2632, toll free in North Carolina.
(b) The coastal area is divided into four
management/enforcement districts, each with a
District Manager and a District Operations Of-
fice. The District Offices are:
(1) Northern District, Rt. 6, Box 203, Eliza-
beth City, NC 27909. Telephone (919)
264-3911, or 1-800-338-7805, toll free in
North Carolina.
(2) Pamlico District, Post Office Box 1507,
Washington, NC 27889. Telephone (919)
946-6481, or 1-800-338-7804, toll free in
North Carolina.
(3) Central District, Post Office Box 769,
Morehead City, NC 28557. Telephone
(919) 726-7021, or 1-800-682-2632, toll
free in North Carolina.
(4) Southern District, 7225 Wrightsville Ave-
nue, Wilmington, NC 28403. Telephone
(919) 256-4541, or 1-800-248-4536, toll
free in North Carolina.
5:1 NORTH CAROLINA REGISTER April 2, 1990
6~
PROPOSED RULES
Statutory Authority G.S. 113-134; 150B-U.
.0002 SCOPE AND PURPOSE
(a) The Division of Marine Fisheries is charged
with the stewardship of the marine and estuarine
resources of the State of North Carolina and is
responsible for the management of all marine and
estuarine resources. This responsibility includes
the administration and enforcement of all statutes
and rules governing commercial and recreational
fishing in coastal waters, the development and
improvement of the cultivation and harvesting
of shellfish, and submerged land claims in North
Carolina.
(b) In its constant effort to meet its obligations,
the Division of Marine Fisheries administers
programs in commercial and recreational fisheries
management and enforcement, applied research
and monitoring, fisheries statistics, shellfish reha-
bilitation, bottom leasing, submerged land
claims, and information and education.
(c) The rules herein are applicable in all coastal
waters of North Carolina, including joint fishing
waters, and in the Atlantic Ocean.
(d) The rules are designed to carry out, in part,
the duty of the Division of Marine Fisheries to
maintain, preserve, protect, and develop all the
marine and estuarine resources of the State.
Statutory Authority G.S. 113-134; 1 43 B- 289.4;
150B-11.
.0003 DELEGATION OF AUTHORITY TO
FISHERIES DIRECTOR
(a) The following specific functions have been
delegated by the Secretary to the Fisheries Di-
rector:
(1) The authority to return confiscated prop-
erty when satisfied that the owner of such
property had no knowledge of the use of
the propertv for illegal purposes pursuant
to G.S. 113-137;
(2) The authority to select license agents pur-
suant to G.S'. 113-151.1;
(3) The authority to suspend or revoke all li-
censes pursuant to G.S. 113-166;
(4) The authority to renew or terminate
shellfish leases pursuant to G.S. 113-202;
(5) The authority to settle claims of ownership
of estuarine bottoms pursuant to G.S.
113-206; and
(6) The authority to issue Scientific Collecting
Permits pursuant to G.S. 113-261.
(b) The proclamation authority granted to the
Fisheries Director by the Marine Fisheries Com-
mission within this Chapter includes the author-
ity to close as well as open seasons and areas and
establish conditions governing various activities.
Statutory Authority G.S. 113-134; 113-/37;
113-151.1; 113-166; 113-182; 113-202; 113-206;
1/3-261; 143B-289.4.
.0004 DELEGATION OF ENFORCEMENT
AUTHORITY TO FEDERAL OFFICERS
(a) In accordance with the authority granted in
G.S. 113-138, the Fisheries Director may confer,
or cause to be conferred, enforcement jurisdiction
upon duly appointed Special Conservation Offi-
cers of the National Marine Fisheries Service that
have been certified as law enforcement officers
under standards of the North Carolina Criminal
Justice and Training Standards Act. Such juris-
diction conferred may be rescinded at any time
by the Fisheries Director.
(b) The enforcement powers conferred by the
authority of this Rule are limited to:
(1) Matters within the jurisdiction of the
North Carolina Marine Fisheries Com-
mission with respect to marine and estua-
rine resources, and are invalid until
completion of the oath required of public
officers before an officer authorized to
administer oaths; and
(2) The time period of Federal employment
as Special Conservation Officers while as-
signed to duty stations in North Carolina.
Statutory Authority G.S.
113-182; 143B- 289.4.
113-134; 1/3-138;
SUBCHAPTER 31 - GENERAL RULES
.0001 DEFINITIONS
(a) Except as otherwise provided, all definitions
set out in Subchapter IV of Chapter 113 of the
General Statutes apply in these Rules.
(b) The following additional terms are hereby
defined:
(1) Commercial Fishing Fquipment. All
fishing equipment used in coastal fishing
waters except:
(A) Seines less than 12 feet in length;
(B) Spears;
(C) A dip net having a handle not more
than eight feet in length and a hoop or
frame to which the net is attached not
exceeding 60 inches along the perimeter;
(D) llook-and-line and bait-and-line
equipment other than multiple-hook or
multiple-bait trotline;
(F) A landing net used to assist in taking
fish when the initial and primary method
68
5; I AOR TH CA ROLINA R EG IS TER April
1990
PROPOSED RULES
of taking is by the use of hook and line;
and
(F) Cast Nets.
(2) Fixed or stationary net. A net anchored
or staked to the bottom, or some structure
attached to the bottom, at both ends of
the net;
(3) Mesh Fength. Fhe diagonal distance
from the inside of one knot to the outside
of the other knot, when the net is
stretched hand-tight;
(4) Possess. Any actual or constructive
holding whether under claim of ownership
or not;
(5) Transport. Ship, carry, or cause to be
carried or moved by public or private
carrier by land, sea, or air;
(6) Use. Employ, set, operate, or permit to
be operated or employed;
(7) Purse Gill Nets. Any gill net used to
encircle fish when the net is closed by the
use of a purse line through rings located
along the top or bottom line or elsewhere
on such net;
(8) Internal Coastal Waters or Internal Wa-
ters. All coastal fishing waters except the
Atlantic Ocean;
(9) Channel Net. A net used to take shrimp
which is anchored or attached to the bot-
tom at both ends or with one end an-
chored or attached to the bottom and the
other end attached to a boat;
(10) Dredge. A device towed by engine power
consisting of a frame, tooth bar or smooth
bar, and catchbag used in the harvest of
oysters, clams, crabs, scallops, or conchs;
(11) Mechanical methods for clamming. In-
cludes, but not limited to, dredges, hy-
draulic clam dredges, stick rakes and other
rakes when towed by engine power, pat-
ent tongs, kicking with propellers and/or
deflector plates with or without trawls,
and any other method that utilizes me-
chanical means to harvest clams;
(12) Mechanical methods for oystcring. In-
cludes, but not limited to, dredges, patent
tongs, stick rakes and other rakes when
towed by engine power and any other
method that utilizes mechanical means to
harvest oysters;
(13) Depuration. Purification or the removal
of adulteration from live oysters, clams,
and mussels by any natural or artificially
controlled means;
(14) Peeler Crab. A blue crab that has a soft
shell developing under a hard shell and
having a definite pink, white, or red line
or rim on the outer edge of the back fin
or flipper;
(15) Fength of finfish. Determined by meas-
uring along a straight line the distance
from the tip of the snout with mouth
closed to the tip of the caudal (tail) fm;
(16) Ficensee. Any person holding a valid li-
cence from the Department to take or deal
in marine fisheries resources.
Statutory Authority G.S. 113-134; 143B-2S9.4.
.0002 TEMPORARY SUSPENSION OF RULES
The Fisheries Director is authorized to suspend,
in whole or in part, until the next meeting of the
Marine Fisheries Commission, or for a lesser pe-
riod, the operation of any rule of the Marine
Fisheries Commission regarding coastal fisheries
which may be affected by variable conditions.
Statutoiy Authority G.S. 113-121; 113-/34;
143B-2S9.4.
.0003 CONFISCATION AND DISPOSITION
The Fisheries Director is directed to establish
administrative procedures for the summary dis-
position of confiscated live or perishable fish, not
inconsistent with the provisions of G.S.
113- 137(d). In so doing, he may require inspec-
tors to obtain and file receipts for any fish so
disposed of.
Statuton' Authority G.S. 113-134; 113-137;
113-221; I43B-2S9.4.
.0004 INTRODUCTION OF EXOTICS
It is unlawful to introduce into the waters of the
State, any live aquatic animal of live aquatic
plant, not native to the immediate water area
concerned, without first obtaining a permit from
the Fisheries Director. This prohibition shall
include but not be limited to piranha and walking
catfish (Clarias batrachus).
Statutory Authority G.S. 113-134: 113-182;
143B-2S9.4.
.0005 LEAVING DEVICES UNATTENDED
It is unlawful to leave stakes, anchors, nets,
pots, buoys, or floating devices in any coastal
fishing waters when such devices are not being
employed in fishing operations, and none of the
devices in this Rule may be left in any waters
during a time when they could not be legally
fished in those waters. Devices used in conjunc-
tion with fyke and channel net operations which
have not been used in fishing operations for 12
consecutive months shall be deemed abandoned
5:7 NORTH CAROLINA REGISTER April 2, 1990
69
PROPOSED RULES
and shall be removed by the person or persons
responsible for their placement. Any fishing
equipment found set in coastal fishing waters in
violation of this Section or which contains edible
species of fish, unfit for human consumption,
may be removed and disposed of at the discretion
of the Fisheries Director.
Statutory Authority G.S. 113-134: 113-137;
11 3- 1 82; 143B-289.4.
the Atlantic Ocean adjacent to Onslow Countv
as described in 15A NCAC 3R .0001 from June
1 through August 31, except that the Fisheries
Directory may, by proclamation, modify the
sanctuary within the described area and vary im-
plementation between specified dates for the
protection of the sea turtle population.
Statutory Authority G.S. 113-132; 113-134;
113-138; 113-181; 113-182; 113-224; 143B- 289.4.
.0006 SCIKNTIFIC COLLECTING PERMIT
It is unlawful to take any marine or estuarine
species for scientific purposes which is out of
season or otherwise protected without first se-
curing a scientific collecting permit from the
Secretary. If the Secretary determines that the
request is for a valid scientific purpose and will
not result in a significant adverse effect on fish-
eries management, the permit may be issued.
Such permit will be subject to any restrictions
concerning areas, times, and sampling methods
as the Secretary deems appropriate.
Statutory Authority G.S. 1/3-134; 113-/82;
113-261; I43B-289A.
.0007 ENDANGERED OR THREATENED
SPECIES
(a) Pursuant to a cooperative agreement en-
tered into on February 5, 1979, by the Depart-
ment of Environment, Health, and Natural
Resources, the Marine Fisheries Commission,
and the Wildlife Resources Commission, the
Wildlife Resources Commission will exercise re-
gulatory jurisdiction over any species of sea tur-
tle, and their eggs and nests, consistent with
designation of such species as endangered or
threatened by the U.S. Fish and Wildlife Service.
As provided by said agreement, the law enforce-
ment officers of both the Marine Fisheries Divi-
sion and the Wildlife Resources Commission
have jurisdiction to enforce any State laws and
rules, including those contained in 15A NCAC
101, relating to endangered or threatened species
of sea turtles and their eggs and nests.
(b) The Fisheries Director may close or restrict
by proclamation any coastal waters with respect
to taking or attempting to take any or all kinds
of marine resources when the method (equip-
ment) used is a serious threat to an endangered
or threatened species listed pursuant to 16 LSC
1533(c). Copies of this list may be obtained from
the Division of Marine Fisheries, PO Box 769,
3411 Arendcll St., Morehead City, North Caro-
lina 28557-0769.
(c) It is unlawful to use any commercial fishing
equipment in the sea turtle sanctuary located in
.0008 OCEAN FISHING PIERS
(a) It is unlawful to fish with nets of any kind
or from boats within the zone adjacent to any
ocean fishing pier meeting the requirements of
G.S. 113-1 85(a), if such zone is marked by one
of the following methods or a combination of
methods:
(1) Yellow range poles at least three inches in
diameter and extending not less than six
feet above the surface of the ground, and
which are parallel to the pier and identi-
fied by signs with the name of the pier
printed in letters at least three inches high;
or
(2) Buoys, which shall be yellow in color and
not less than nine inches in diameter and
extend no less than three feet above the
surface of the water.
(b) It is unlawful to define a zone that extends
more than 750 feet from the pier. When a
marking system defines a smaller area than au-
thorized, the limitations on fishing activities shall
apply within the marked zone. When the mark-
ing system does not include buoys placed sea-
ward of the pier's offshore end, the zone
protected under G.S. 113-185 shall be limited to
the areas parallel to the sides of the pier and shall
include no area seaward of the offshore end of the
pier.
(c) Owners of qualifying ocean piers shall be
responsible for complying with all applicable lo-
cal, state and federal regulations for marking sys-
tems.
Statutory Authority G.S. 113-134; 1/3-181;
1 13-/82; 143B-289.4.
.0009 ARTIFICIAL REEFS AND RESEARCH
SANCTL ARIES
(a) The Fisheries Director may, by proclama-
tion, prohibit or restrict the taking offish and the
use of any equipment in and around any artificial
reef or research sanctuary. Any closure or re-
stnetion is subject to the following conditions:
( 1 ) Artificial reefs shall not be closed or re-
stricted beyond 500 yards in the Atlantic
Ocean or 250 vards in internal coastal
70
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
waters. Artificial reefs shall be marked as
near center as feasible by one readily
identifiable official buoy and distances for
closures or restrictions shall be measured
from such buoy.
(2) Any closure or restriction shall be for no
more than one year, subject to renewal in
the discretion of the Fisheries Director.
(3) The economic effect of the closure or re-
striction on fishing interests with respect
to the size and location of the area and the
nature of the equipment affected shall be
considered before such closure is made
and findings shall be made in writing
which findings shall be available for public
inspection at the office of Division of
Marine Fisheries in Morehead City.
(b) It is unlawful to engage in any fishing ac-
tivity, use any equipment, or conduct any other
operation which has been prohibited by procla-
mation issued under this authority.
Statutory Authority G.S. 113-134; 113-181;
113-182; 143B-289.4.
.0010 MILITARY RESTRICTED AREAS
(a) Pursuant to Title 31 United States Code
Section 3, the United States Corps of Engineers
has adopted regulations which restrict access to
and activities within certain areas of coastal and
inland fishing waters. The designated areas are
used for military training which may include
bombing with live ordnance. Fishermen who
enter and fish within the areas should follow
Federal Regulations to avoid exposure to unde-
tonated ordnance, fragments from exploding
ordnance and other dangerous activities. Federal
law provides substantial penalties for violations
of the federal regulations.
(b) The designated areas are shown on naviga-
tional charts and specifically described in the
Coastal Pilot and the Code of Federal Regu-
lations (CFR). The descriptions in 15A NCAC
3R .0002(a) show the general location of each
such area, the Federal Regulation specifically de-
scribing the areas, the Federal Regulations stating
the limitations on access to and use of each such
area, and the designated military authority to
contact for information about permits and/or for
access to each such area.
(c) The Brant Island Range in Pamlico Sound
has been used for live bomb delivery training
since World War II and continues to be used for
such training. Military safety studies confirm
that the area adjacent to the target has many
undctonated ordnances on the bottom. Because
of the accompanying hazards, fishermen are
strongly advised to restrict fishing activities
within the Brant Island range.
(d) Because of the types of military' training at
the Piney Island range in Pamlico Sound, fisher-
men are strongly advised not to use fixed gear
including, but not limited to, pots, pound nets,
and gill nets in the area described in 15A NCAC
3R .0002(b).
Statutory Authority G.S. J 13-1 34;
113-182; 143B-289.4.
113-181;
.001 1 PERMITS FOR AQUACULTURE
OPERATIONS
(a) It is unlawful to conduct aquaculture oper-
ations without first obtaining a permit from the
Fisheries Director. Such permit will be issued
on a calendar year basis. All aquaculture oper-
ations not required to be permitted by the Wild-
life Resources Commission must be permitted
by the Fisheries Director.
(b) It is unlawful to take fisheries resources
from coastal waters for aquaculture purposes
during closed seasons without first obtaining a
permit from the Fisheries Director. The Fisher-
ies Director may impose any or all of the fol-
lowing restrictions on the taking of fisheries
resources for aquaculture purposes:
(1) Specify species,
(2) Specify quantity and/or size,
(3) Specify time period,
(4) Specify location,
(5) Specify gear and or vendors,
(6) Specify other conditions as appropriate.
(c) It is unlawful to sell, or use for any purpose
not related to North Carolina aquacultural oper-
ations, fisheries resources taken under a permit
issued in accordance with Paragraph (b) of this
Rule.
(d) It is unlawful to fail to submit to the Fish-
eries Director an annual report specifying the
amount and disposition of fisheries resources
collected under authority of this permit.
(e) Lawfully permitted shellfish relaying activ-
ities authorized by 15A NCAC 3K .0103 and
.0104 arc exempt from requirements of this Rule.
Statutory Authority G.S. 113-134; 1/3-182;
143B-289.4.
.0012 SPECIAL PERMIT REQUIRED FOR
SPECIFIC MANAGEMENT PURPOSES
The Fisheries Director may, by proclamation,
require that licensees obtain a special permit and
keep such records and accounts as may be rea-
sonably required for participation in a fishery for
which harvest quotas and other specific manage -
5:1 NORTH CAROLINA REGISTER April 2, 1990
71
PROPOSED RULES
ment measures are necessary to control the har-
vest.
Statutory Authority G.S. 113-134; 113-163;
113-182; 113-221; 143B-289.4.
SUBCHAPTER 3J - NETS, POTS, DREDGES,
AND OTHER FISHING DEVICES
SECTION .0100 - NET RULES, GENERAL
.0101 FIXED OR STATIONARY NETS
It is unlawful to use or set fixed or stationary
nets:
(1) In the channel of the Intracoastal Waterway
or in any other location where it may con-
stitute a hazard to navigation;
(2) So as to block more than two-thirds of any
natural or manmade waterway, sound, bay.
creek, inlet or any other body of water;
(3) In the middle third of any marked naviga-
tion channel;
( 4) In the channel third of the following rivers:
Roanoke. Cashie. Middle. Eastmost. Cho-
wan, Little, Perquimans. Pasquotank.
North, Alligator, Pungo. Pamlico, and Yeo-
pim.
Statutory Authority G.S. 1/3-134; 113-182;
143B-28Q.4.
.0102 NETS OR NET STAKES
It is unlawful to use nets or net stakes:
(1) Within 150 yards of railroad or highway
bridge crossing the Northeast Cape Fear
River. New River. White Oak River, Trent
River, Neuse River, Pamlico River, Roa-
noke River, and Alligator River;
(2) Within 300 yards of any highway bridge
crossing Albemarle Sound, Chowan River,
Croatan Sound, Currituck Sound and Roa-
noke Sound;
(3) If such net stakes are of metallic material.
Statutory Authority G.S. 113-134: 113-182;
143B-289.4.
.0103 GILL NETS. IDENTIFICATION.
RESTRICTIONS
(a) It is unlawful to use gill nets in internal
waters unless such net is marked by attached to
it at each end two separate yellow buoys which
shall be of solid foam or other solid buoyant
material no less than five inches in length. Gill
nets which are not connected together at the top
line shall be considered as individual nets, re-
quiring two buoys at the end of each individual
net. Gill nets connected together at the top line
shall be considered as a continuous net requiring
two buoys at each end of the continuous net.
Any other marking buoys on gill nets shall be
yellow except that one additional identification
buoy of any color or any combination of colors
may be used at either or both ends. The owner
shall always be identified on a buoy on each end
either by using engraved buoys or by attaching
engraved metal or plastic tags to the buoys. Such
identification shall include one of the following:
(1) owner's N'.C. motor boat registration
number, or
(2) owner's U.S. vessel documentation name,
or
(3) owner's last name and initials.
(b) It is unlawful to use gill nets:
( 1) Within 200 yards of any pound net which
is in use except in Chowan River as pro-
vided in 15A NCAC 3J .0203(7).
(2) With a mesh length less than two and
one-half inches except:
(A) The Atlantic Ocean, and
(B) Drift gill nets used in Roanoke River
as provided in 15A NCAC 3J .0205(2).
(3) March 1 through October 31 in the Intra-
coastal Waterway within 150 yards of any
railroad or highway bridge.
(4) In the Atlantic Ocean within three nautical
miles of the shore:
(A) Unless such nets are marked by at-
taching to each end a yellow buoy which
shall be no less than 24 inches in diameter;
and
(B) Without meeting the identification re-
quirements specified in Subparagraphs
(1), (2). or (3) of Paragraph (a) of this
Rule.
The buoy requirements for the Atlantic
Ocean must be complied with no later
than January 1, 1993.
(c) It is unlawful to use gill nets within 100 feet
either side of center line of the Intracoastal Wa-
terway Channel south of the Highway 33 Bridge
at Hobucken Quick Flasher No. 54 in Alligator
River at the southern entrance to the Intracoastal
Waterway to the South Carolina line, unless such
net is used in accordance with the following
conditions:
( 1 ) No more than two gill nets per boat may
be used at any one time;
(2) Any net used must be attended by the
fisherman from a boat who shall at no
time be more than 100 yards from cither
net; and
(3) Any individual setting such nets shall re-
move them, when necessary, in sufficient
time to permit unrestricted boat naviga-
tion.
5:1 XORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(d) It is unlawful to use unattended drift gill
nets in violation of standards in 15A NCAC 3J
.0101 and Paragraph (c) of this Rule.
Statutory Authority G.S. 113-134; 113-182;
113-221; 143B-289.4.
.0104 TRAWL NETS
(a) It is unlawful to use trawl nets for the taking
of finfish in internal waters, except that it shall
be permissible to possess aboard a vessel not
more than 200 pounds of finfish taken incidental
to crab or shrimp trawling. The Fisheries Di-
rector may, by proclamation, close any area to
trawling for specific time periods in order to se-
cure compliance of this Rule.
(b) It is unlawful to use trawl nets in the fol-
lowing areas from November 1 through March
31:
(1) Pamlico/Pungo Rivers - west of a line
beginning at a point on Pamlico Point at
35° 18' 43" N - 76° 29' 00" W; thence
running 010° (M) through Willow Point
Shoal Light to a point on Willow Point
at 35° 22' 19" N - 76° 28' 48" W;
(2) Bay River - west of a line beginning at a
point on Maw Point at 35° 09' 02" N -
76° 31' 11" W; thence running 021° (M)
through Flashing Green Marker "1" to a
point on Bay Point at 35° 11' 01" N - 76°
31' 06" W;
(3) Neuse River - west of a line beginning at
a point on Great Neck Point at 34° 56'
18" N - 76° 42' 25" W; thence running
002° (M) to a point on Wiagins Point at
35° 00' 15" N - 76° 42' 45" W;
(4) New River - upstream of the Highway 172
Bridge.
(c) It is unlawful to use trawl nets:
(1) For the taking of oysters or to possess
oysters on board a vessel during any open
season with a trawl net on such vessel;
(2) In Albemarle Sound and its tributaries;
(3) In that area of Shackleford Banks as de-
scribed in 15A NCAC 3R .0006.
(d) Minimum mesh sizes for shrimp and crab
trawls are presented in 15A NCAC 3L .0103 and
.0202.
.0106 CHANNEL NETS
(a) It is unlawful to use a channel net:
(1) Until the Fisheries Director specifies by
proclamation, time periods and areas for
the use of channel nets and other fixed
nets for shrimping.
(2) Without yellow light reflective tape on the
top portion of each staff or stake and on
any buoys located at either end of the net.
(3) With any portion of the set including
boats, anchors, cables, ropes or nets
within 50 feet of the center line of the In-
tracoastal Waterway Channel.
(4) In the middle third of any navigation
channel marked by Corps of Engineers
and/or U.S. Coast Guard.
(5) Unless attended by the fisherman who
shall be no more than 50 yards from the
net at all times.
(b) It is unlawful to use or possess aboard a
vessel any channel net with a corkline exceeding
40 yards.
(c) It is unlawful to leave any channel net,
channel net buoy, or channel net stakes in coastal
fishing waters from December 1 through March
1.
(d) It is unlawful to use floats or buoys of me-
tallic material for marking a channel net set.
(e) From March 2 through November 30, ca-
bles used in a channel net operation shall, when
not attached to the net, be connected together
and any attached buoy shall be connected by
non-metal line.
(f) It is unlawful to leave channel net buoys in
coastal fishing waters without yellow light reflec-
tive tape on each buoy and without the owner's
identification being clearly printed on each buoy.
Such identification must include one of the fol-
lowing:
(1) Owner's N.C. motorboat registration
number; or
(2) Owner's U.S. vessel documentation name;
or
(3) Owner's last name and initials.
(g) It is unlawful to use any channel nets, an-
chors, lines, or buoys in such a manner as to
constitute a hazard to navigation.
Statutory Authority G.S. 113-134; 113-182;
113-221; 143B-2S9.4.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0105 PURSE SEINES PROHIBITED
It is unlawful to use purse seines except for the
taking of menhaden or Atlantic thread herring.
Statutory Authority G.S. 113-134; 113-182;
143B-2S9.4.
.0107 POLND NETS
(a) It is unlawful to use pound or fyke nets in
internal coastal fishing waters without the own-
er's identification being clearly printed on a sign
no less than six inches square, securely attached
on an outside comer stake of each such net.
5:7 NORTH CAROLINA REGISTER April 2, 1990
73
PROPOSED RULES
Such identification must include one of the fol-
lowing:
( 1 ) For pound nets, the pound net registration
number and the owner's last name and
initials.
(2) For fyke nets, the owner's N.C. motorboat
registration number, the owner's U.S.
vessel documentation name, or the own-
er's last name and initials.
Any pound or fyke net or any part thereof found
set in internal coastal fishing waters without
proper identification will be in violation and may
be removed and disposed of in accordance with
law.
(b) It is unlawful to set pound nets, or any part
thereof including stakes, in new locations without
first obtaining a Pound Net Permit from the
Fisheries Director. Application for such Pound
Net Permits must be made not less than 90 days
prior to installation including the setting of
stakes. The Fisheries Director shall issue a pub-
lic notice of intent to consider issuance of a
Pound Net Permit for new locations, and may
hold public meetings and take other action which
may include denial of Pound Net Permits,
deemed necessary to avoid potential user con-
flicts and to protect traditional uses of the area
including construction or use of piers. A Pound
Net Permit for a new location may be issued
following evaluation by the Fisheries Director
and will expire 365 days from the date of issue.
(c) It is unlawful to set pound nets in previ-
ously registered or permitted locations without
first obtaining a Pound Net Permit for each lo-
cation from the Fisheries Director. Such permits
will expire 365 days from the date of issue. Fai-
lure to obtain a Pound Net Permit annually, or
abandonment of pound net sets without removal
of all stakes, shall constitute a violation and be
grounds for refusal of any Pound Net Permit.
Application for renewal of Pound Net Permits
must be tiled not less than ten days prior to ex-
piration and will not be processed unless filed by
the prior registrant. When an objection to a re-
newal is tiled during the term of the permit, the
Fisheries Director shall review and may deny the
permit renewal under the standards for issuance
of new Pound Net Permits. Failure to use a
pound net site within 60 days of issuance of a
Pound Net Permit shall also constitute a vio-
lation and be grounds for refusal and, or revoca-
tion of other Pound Net Permits. It is unlawful
to abandon a pound net set without removal of
all stakes.
(d) It is unlawful to use a pound net without
leaving a marked navigational opening of at least
25 feet at the end of every third pound. Such
openings shall be marked with international or-
ange signs at least six inches square.
(e) It is unlawful to set a pound net, pound net
stakes, or other related equipment in internal
coastal fishing waters without light reflective tape
or light reflective paint on each pound. The tape
or paint must cover an area not less than 12
inches vertically, and visible from all directions.
(f) In Core Sound, the Fisheries Director shall
by proclamation designate areas for the use of
pound and fyke nets.
(g) In Pamlico Sound, it is unlawful to set a
pound net, pound net stakes, or any other related
equipment without radar reflective tape or me-
tallic material on each end of the pound net set
covering an area not less than 12 inches verti-
cally, and visible from all directions.
Statutory Authority G.S. 113-134; 113-182;
113-221'; 143B-2S9.4.
.0108 NETS PULLED BY MORE THAN ONE
BOAT
It is unlawful to pull or tow a net with more
than one boat except in long-haul fishing oper-
ations.
Statutorv Authority G.S. 113-134; 113-182;
143B-2S9.4.
.0109 LONG-HALL FISHING OPERATIONS,
IDENTIFICATION REQUIREMENTS
It is unlawful to tow or pull a net in a long-haul
or swipe net fishing operation:
(1) Without a floating buoy attached a mini-
mum of every 100 yards along the cork line.
The buoy shall be international orange and
shall be no less than five inches in diameter
and no less than 1 1 inches in length; and
(2) Without a flag, square in shape, interna-
tional orange in color, at least 24 inches by
24 inches in size, flying in the rigging so as
to be visible when approaching the vessel
from any direction.
Statutory Authority G.S. 113-134; 113-182;
143B-2S9.4.
SECTION .0200 - NET RULES, SPECIFIC AREAS
.0201 ALBEMARLE SOLND AND
TRIBUTARIES
In Albemarle Sound and tributaries: (including
Chowan River, excluding Currituck Sound and
its tributaries):
(1) From January 1 through May 31, it is un-
lawful to use gill nets with a mesh length less
than three inches in Albemarle Sound and
tributaries, between the mouth of Roanoke,
74
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Middle, Eastmost and Cashie Rivers and the
U.S. 64-264 bridges across Roanoke and
Croatan Sounds.
(2) From June 1 through September 30, it is
unlawful to use gill nets with a mesh length
less than five inches in the Albemarle Sound
and tributaries between the mouth of Roa-
noke, Middle, Eastmost, and Cashie Rivers
and the U.S. 64-264 bridges across Roanoke
and Croatan Sounds. The Fisheries Direc-
tor may by proclamation allow the use of
gill nets with a mesh length of three inches
or less and may require the nets be attended
by the fisherman at all times. It is unlawful
for any fisherman to use more than 400
yards of nets with a mesh length of three
inches or less.
(3) From October 1 through December 31, it
is unlawful to use gill nets with a mesh
length less than three and one-half inches in
Albemarle Sound and tributaries between
the mouth of Roanoke, Middle, Eastmost,
and Cashie Rivers and the U.S. 64-264
bridges across Roanoke and Croatan Sounds
except attended gill nets as described in
Subparagraph (2) of this Rule may be used.
Gill nets which have a mesh length three and
one-half inches and greater and less than
four and one-quarter inches must be sunk
to the bottom, set in no less than eight feet
of water in the tributaries, ten feet of water
in the Sound, and be no more than 35
meshes deep.
Statutory Authority
143B-289.4.
G.S. 113-134; 113-182;
.0202 ATLANTIC OCEAN
In the Atlantic Ocean:
(1) It is unlawful to use nets from June 15
through August 1 5 in the waters of Mason-
boro Inlet or in the ocean within 300 yards
of the beach between Masonboro Inlet and
a line running 138° through the water tank
on the northern end of Wrightsville Beach,
a distance parallel with the beach of 4,400
yards.
(2) It is unlawful to use trawls within one-half
mile of the beach between the Virginia line
and Oregon Inlet.
(3) It is unlawful to use a trawl with a mesh
length less than four inches in the main
body, three inches in the extension, and one
and three-fourths inches in the cod end or
tail bag inshore of a line beginning at a point
34° 41' 18" N - 76° 40' 08" W on the western
side of Beaufort Inlet Channel (the present
location of buoy "11" QK II); thence
westward parallel to and one-half mile from
the ocean back to a point 34° 40' 32" N -
76° 53' 45" W off Salter Path.
(4) It is unlawful to use gill nets with a mesh
length greater than six inches from February
1 through June 30 from Carolina Beach In-
let to the South Carolina line.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0203 CHOWAN RIVER AND ITS
TRIBUTARIES
In the Chowan River and its tributaries:
(1) It is unlawful to anchor the lead line of any
net closer than 50 feet from shore except in
the Meherrin River.
(2) It is unlawful to use pound nets or gill nets
in any tributary creek or within 150 yards
of the mouth of any such tributary creek of
the Chowan River.
(3) It is unlawful to use gill nets with a mesh
length less than two and one-half inches in
the Meherrin River from January 1 through
May 31.
(4) It is unlawful to set a pound net within 200
yards parallel to any other pound net in the
Chowan River.
(5) It is unlawful to use a seine within 1,000
yards of the mouth of any creek tributary to
the Chowan River.
(6) It is unlawful to set a trotline within 100
yards of a pound net from February 1
through May 31.
(7) In the Chowan River from the mouth of
Wiccacon River to the North
Carolina/ Virginia border, gill nets may be set
perpendicular to the channel a distance of
at least 50 feet from the outer portion of a
pound net while in use.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0204 CURRITUCK SOUND AND ITS
TRIBUTARIES
In Currituck Sound and its tributaries:
( 1 ) It is unlawful to use any net or seine with
more than one power boat.
(2) It is unlawful to use any seine or haul net
which is more than 900 yards in length or
which has a mesh length of less than three
inches.
(3) It is unlawful to use gill nets with a mesh
length less than three inches from January 1
through May 31.
(4) From June 1 through September 30, it is
unlawful to use gill nets with a mesh length
5:7 NORTH CAROLINA REGISTER April 2, 1990
5
PROPOSED RULES
of five inches or less except gill nets with a
mesh length of three and one-fourth inches
or less which are attended by the fisherman
at all times. It is unlawful to use more than
400 yards of nets with a mesh length of three
and one-fourth inches or less.
(5) Prom October 1 through December 31, it
is unlawful to use gill nets with a mesh
length less than three and one-half inches or
to set within 300 yards of the shoreline, ex-
cept gill nets with a mesh length five inches
and greater and attended gill nets as de-
scribed in Subparagraph (4) of this Rule.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0205 ROANOKE: CASHIE: MIDDLE AND
EASTMOST RIVERS
In the Roanoke, Cashie, Middle and Eastmost
Rivers:
(1) It is unlawful to use more than one drift gill
net per boat and such net must be attended
at all times.
(2) It is unlawful to use drift gill nets with a
mesh length of less than two and one-fourth
inches or greater than three inches and fixed
or stationary gill nets with a mesh greater
than three inches, from the mouth of Roa-
noke, Cashie, Middle and Eastmost Rivers
to the Highway 258 bridge during the period
April 1 through May 31.
(3) It is unlawful to use gill nets from June 1
through September 30.
Statutory Authority G.S. 113-134; II 3-1 82;
143B-289.4.
.0206 SOUTIIPORT BOAT HARBOR
It is unlawful to use any commercial fishing gear
in the Southport Boat Harbor, Brunswick
County, north of an east-west line across the
mouth of the harbor; said line running 34° 55'
00" N and which intersects beacon number f> at
the entrance to the harbor.
Statutory Authority G.S. 1/3-134; 113-182;
143B-289.4.
.0207 CAROLINA POWER AND LIGHT
INTAKE CANAL
It is unlawful to use any commercial fishing
equipment in the Carolina Power and I iglit In-
take Canal between the fish diversion screen and
the Carolina Power and I ight Brunswick nuclear
power plant.
Statutory Authority G.S. 113-134; 1/3-/82;
143B-289.4.
SECTION .0300 - POTS, DREDGES, AND
OTHER FISHING DEVICES
.0301 CRAB, EEL, FISH, AND SHRIMP POTS
(a) It is unlawful to use pots except during time
periods and in areas specified herein:
(1) From November 1 through April 30 ex-
cept that all pots shall be removed from
internal waters from January 24 through
February 7. The Fisheries Director may,
by proclamation, reopen various waters to
the use of pots after January 28 if it is de-
termined that such waters are free of pots.
(2) From May 1 through October 31, north
and east of the Highway 58 Bridge at
Emerald Isle in areas described in 15A
NCAC 3R .0007, except that the Fisheries
Director may, by proclamation, designate
the areas in Wysockina Bay described in
15A NCAC 3R .0007(4)(a) and adjust
designated areas in Long Shoal River for
the use of pots during this time period.
(3) From May 1 through October 31 in the
Atlantic Ocean and west and south of the
Highway 58 Bridge at Emerald Isle in ar-
eas and during time periods designated by
the Fisheries Director by proclamation.
(b) It is unlawful to use pots in any navigation
channel maintained and marked by State or
Federal agencies.
(c) It is unlawful to use pots unless each pot is
marked by attaching a floating buoy which shall
be of solid foam or other solid buoyant material
and no less than five inches in diameter and no
less than five inches in length. Buoys may be of
any color except yellow. The owner shall always
be identified on the attached buoy by using en-
graved buoys or by engraved metal or plastic tags
attached to the buoy. Such identification shall
include one of the following:
(1) owner's N.C. motorboat registration
number; or
(2) owner's U.S. vessel documentation name;
or
(3) owner's last name and initials.
(d) Pots attached to shore or a pier shall be
exempt from (a) (2), (a) (3). and (c) of this Rule.
(e) It is unlawful to use shrimp pots with mesh
lengths smaller than one and one-fourth inches
stretch or five-eights inch bar.
(f) It is unlawful to use eel pots with mesh sizes
smaller than one inch by one-half inch except
that not more than two eel pots per fishing op-
eration with a mesh of any size may be used to
take eels for bait.
76
5:1 SORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(g) It is unlawful to use crab pots in coastal
waters unless each pot contains no less than two
escape rings that are at least 2 5/16 inches inside
diameter and located in the opposite outside pa-
nels of the upper chamber of the pot. Peeler pots
with a mesh size less than 1 1/2 inches shall be
exempt from the cull ring requirement.
(h) It is unlawful to use more than 150 pots
per vessel in Newport River.
(i) Any pots found in violation of this Rule or
15A NCAC 2J .0302 may be removed by marine
fisheries enforcement officers and disposed of in
accordance with law.
Statutory Authority G.S.
113-221; I 43 B- 289.4.
113-134; 113-182;
.0302 NON-COMMERCIAL USE OF POTS
(a) Pots may be attached to shore or a pier any
time of year with the exception of the closed cle-
an-up period specified in 15A NCAC 3.1
.0301(a)(1).
(b) Pots attached to shore or a pier are not re-
quired to meet the buoy and identification re-
quirements specified in 15A NCAC 3J .0301(c),
but must meet the minimum mesh length and
escape ring requirements specified in 15A NCAC
3J .0301(e), (f) and (g).
(c) The license requirements of G.S. 113-152
apply if a vessel is used in connection with the
use of pots.
(d) All provisions of 15A NCAC 3J .0301 ap-
ply if pots are not attached to shore or a pier.
Statutory Authority G.S.
113-221; 143B-289.4.
113-134; 113-182;
.0303 DREDGES AND MECHANICAL
METHODS PROHIBITED
(a) It is unlawful to use or have aboard a vessel
any dredge weighing more than 100 pounds.
(b) It is unlawful to use more than one dredge
per vessel to take oysters or crabs or to use any
dredges or mechanical methods between sunset
and sunrise.
Statutory Authority
143B-289.4.
G.S. 113-134; 113-182;
.0304 ELECTRICAL FISHING DEVICE
It is lawful to take catfish by the use of a hand-
operated device generating pulsating electrical
current in the Cape Fear River between Lock
and Dam No. 1 in Bladen County downstream
to where the Black River joins the Cape Fear
River.
Statutory A uthority
143B-289.4.
G.S. 113-134; 113-182;
SUBCHAPTER 3K - OYSTERS, CLAMS,
SCALLOPS AND MUSSELS
SECTION .0100 - GENERAL
.0101
(a)
sters,
been
PROHIBITED SHELLFISH
AREAS/ACTIVITIES
It is unlawful to possess, sell, or take oy-
clams or mussels from areas which have
designated as prohibited (polluted) by
proclamation by the Fisheries Director except as
provided in 15A NCAC 3K .0103, .0104, and
.0401. The Fisheries Director shall issue such
proclamations upon notice by the Division of
Environmental Health that duly adopted criteria
for approved shellfish harvest areas have not been
met. The Fisheries Director may reopen any
such closed area upon notification from the Di-
vision of Environmental Health that duly
adopted criteria for approved shellfish harvest
areas have been met.
Copies of these proclamations and maps of these
areas are available upon request at the Division
of Marine Fisheries, 341 1 Arendcll St., Morehead
City, NC 28557; (919) 726-7021.
(b) The Fisheries Director may, by proclama-
tion, close areas to the taking of oysters, clams,
scallops and mussels in order to protect the
shellfish populations for management purposes
or for public health purposes not specified In (a)
of this Rule.
(c) It is unlawful to possess or sell oysters,
clams, or mussels taken from polluted waters
outside North Carolina.
Statutory Authoritv G.S.
113-221; 143B-289A.
113-134; 113-182
.0102 PROHIBITED RAKES
It is unlawful to use a rake more than 12 inches
wide or weighing more than six pounds to take
oysters or scallops.
Statutory A uthority
I43B-289.4.
G.S. 113-134; 113-181
.0103 SIIELLFISII/SEED MANAGEMENT
AREAS
(a) It is unlawful to take oysters or clams from
any Shellfish Management Area which has been
closed and posted, except that the Fisheries Di-
rector may, by proclamation, open specific areas
to allow the taking of oysters and clams and may
designate time, place, character, or dimensions
of any method or equipment that may be cm-
ployed.
5:1 NORTH CAROLINA REGISTER April 2, 1990
77
PROPOSED RULES
(b) It is unlawful to take oysters or clams from
Seed Management Areas for planting on private
bottoms without first obtaining a permit from
the Fisheries Director.
Statutory Authority G.S. 113-134; 113-182;
113-221; 143B-2S9.4.
.0104 PERMITS FOR PLANTING SHELLFISH
FROM POLLUTED AREAS
(a) It is unlawful to take oysters or clams from
polluted public waters for planting on private
bottoms except:
(1) As authorized by G.S. 113-203, provided
that such person shall first obtain a permit
from the Fisheries Director setting forth
the time and area from which oysters may
be taken. Relaying of oysters from pol-
luted waters shall begin within five days
following the statewide closure of the oy-
ster season and shall continue for a period
not to exceed six weeks.
(2) During the period April 1 through May
15, by permit from the Fisheries Director
setting forth the time, area and method
by which clams may be taken.
(b) The Fisheries Director, acting upon rec-
ommendations of the Division of Environmental
Health, shall close and reopen by proclamation
any private shellfish beds for which the owner
has obtained a permit to relay oysters and clams
from polluted public waters.
Statutory Authority G.S. 113-134; 113-182;
1/3-221; 143D- 289.4.
.0105 NON-COMMERCIAL HARVEST OF
SHELLFISH
(a) It is unlawful for individuals claiming ex-
emption from the oyster, clam and scallop license
required by G.S. 113-154, by reason of non-
commercial harvest, to take more than:
( 1) One bushel of oysters per person per day,
not to exceed two bushels per vessel per
day;
(2) One hundred clams per person per day,
not to exceed two hundred clams per ves-
sel per day; and
(3) One-half bushel of scallops per person per
day, not to exceed one bushel per vessel
per day.
(b) A vessel license, as required by G.S. 113-
152 for the use of commercial fishina equipment
as defined in 15A NCAC 31 .0001(b)(1) is not
required for the non-commercial harvest of
shellfish in accordance with limits in Paragraph
(a) of this Rule when:
(1) Oysters are taken by hand tongs, hand
rakes in accordance with 15A NCAC 3K.
.0102, or by hand;
(2) Clams are taken by hand tongs, hand
rakes, or by hand; and
(3) Scallops are taken by hand tongs, hand
rakes in accordance with 15A NCAC 3K
.0102, dip nets, or by hand.
(c) It is unlawful to take oysters, clams, or
scallops for non-commercial purposes at any
time except:
(1) During regular open seasons;
(2) By means and methods described in Par-
agraph (b) of this Rule; and
(3) Oysters and clams may also be taken on
Sundays and scallops may also be taken
on Saturdays and Sundays during regular
open seasons.
(d) It is unlawful for individuals not meeting
shellfish licensing requirements to be aboard a
vessel used in connection with a commercial
shellfish operation or to take shellfish for non-
commercial purposes when such shellfish are
taken in connection with a commercial shellfish
operation.
Statuton' Authority G.S. 113-134; 113-152;
113-154; 113-182; J43B-289.4.
.0106 TAKING OR UNLOADING OYSTERS
AND CLAMS ON SUNDAY OR AT NIGHT
(a) It is unlawful to take oysters or clams on
Sunday, except in accordance with 15A NCAC
3K .0105(c), or between the hours of sunset and
sunrise on any day.
(b) It is unlawful to unload oysters or clams
from any vessel or remove any vessel containing
oysters or clams from the water on Sunday or
between sunset and sunrise on any day except
that in New Hanover, Pender and Brunswick
Counties, oysters and clams may be unloaded
until two hours after sunset. Oysters and clams
taken on Sunday under the provisions of 15A
NCAC 3K .0105 are exempt from the Sunday-
unloading prohibition.
Statuton' Authority G.S. 113-134; 113-182;
143B-2S9.4.
.0107 DEPl RATION OF SI IELLFISII
(a) It is unlawful to take clams, oysters or
mussels from the public or private prohibited
(polluted) waters of the state for the purpose of
depuration in an approved depuration operation
except when the harvest will utilize shellfish that
would otherwise be destroyed in maintenance
dredging operations. All harvest and transport
activities within the State of North Carolina re-
78
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
lated to depuration shall be under the direct su-
pervision of the Division of Marine Fisheries
and/or the Division of Environmental Health.
(b) The Fisheries Director, may, by proclama-
tion, impose any or all of the following re-
strictions on the harvest of shellfish for
depuration:
(1) Specify species,
(2) Specify areas except harvest will not be
allowed from designated buffer zones ad-
jacent to sewage outfall facilities,
(3) Specify harvest days,
(4) Specify time period,
(5) Specify quantity and/or size,
(6) Specify harvest methods,
(7) Specify record keeping requirements.
(c) Harvest permits:
(1) All persons harvesting clams, oysters or
mussels from prohibited (polluted) waters
for the purpose of depuration shall first
obtain a permit from the Division of Ma-
rine Fisheries and Division of Environ-
mental Health setting forth the method
of harvest to be employed.
(2) The permit application shall provide the
name, address, location and telephone
number of the depuration operation
where the shellfish will be depurated.
(3) Persons desiring to harvest polluted
shellfish for depuration shall apply for a
harvest permit at least 15 days prior to
initiation of harvest.
(d) Transport of clams, oysters or mussels for
depuration:
(1) Clams, oysters or mussels harvested from
prohibited (polluted) waters for depura-
tion in an approved depuration operation
located within the State of North Carolina
shall be transported under the direct su-
pervision of the Division of Marine Fish-
eries and/or the Division of
Environmental Health.
(2) Clams, oysters or mussels harvested from
prohibited (polluted) waters for depura-
tion in an approved depuration operation
outside the State of North Carolina shall
not be transported within the State of
North Carolina except under the direct
supervision of the Division of Marine
Fisheries or the Division of Environ-
mental Health.
(e) It is unlawful to ship shellfish harvested for
depuration to depuration facilities located in a
state other than North Carolina unless the facility
is in compliance with the applicable rules and
laws of the shellfish control agency of that state.
Statutory Authority G.S. 113-134; 113-182;
1/3-201; 143B- 289.4.
SECTION .0200 - OYSTERS
.0201 OPEN SEASON
It is unlawful to take, buy, sell, or possess any
oysters from public bottoms except during the
open season which begins October 15 for hand
harvest, and November 1 for dredges and may
extend through March 31. During any open
season that may be allowed within the time pe-
riods stated herein, the Fisheries Director may,
by proclamation, close and open the season or
close and open any of the various waters to the
taking of oysters and may impose any or all of
the following restrictions:
(1) Specify number of days;
(2) Specify areas;
(3) Specify means and methods which may be
employed in the taking;
(4) Specify time period; and
(5) Limit the quantity.
Statutory Authority G.S. 113-134; 113-182;
113-201; 113-221; 143B-289.4.
.0202 SIZE/POSSESSION LIMIT AND
CULLING TOLERANCE
(a) It is unlawful to possess oysters which have
accumulated dead shell, accumulated oyster
cultch material, a shell length of less than three
inches, or any combination thereof that exceeds
a five percent tolerance limit by volume. In de-
termining whether the tolerance limit is exceeded,
the Fisheries Director and his agents are author-
ized and empowered to grade all, or any portion.
or any combination of portions of the entire
quantity being graded, and in cases of violations,
may require seizure and return to public bottom
or other disposition as authorized by law.
(b) All oysters shall be culled by the catcher
where harvested and all oysters of less than legal
size, accumulated dead shell and cultch material,
shall be immediately returned to the bottom from
which taken.
(c) It is unlawful to take, land, or possess
aboard a vessel more than 50 bushels of oysters
at any one time.
(d) This Rule shall not apply to oysters im-
ported from out-of-state solely for shucking at
shucking houses which are currently certified for
shucking and packing by the Division of Envi-
ronmental Health and which hold a valid shuck-
er-packer license.
Statutory Authority G.S. 113-134; 113-182;
I43B-289.4.
5:1 NORTH CAROLINA REGISTER April 2, 1990
~9
PROPOSED RULES
.0203 TRAWLING ACROSS OYSTER
MANAGEMENT AREAS PROHIBITED
It is unlawful to tow or pull a trawl net for any
purpose across any oyster bed which has been
planted and posted by the state.
Statutory Authority G.S.
143B-2S9.4.
113-134; 113-182;
.0204 DREDGES/MECHANICAL METHODS
PROHIBITED
It is unlawful to use any dredge or other me-
chanical method to take oysters:
(1) In Pamlico Sound within the area described
in 15A NCAC 3R .0008(a).
(2) In Core Sound and its tributaries within the
area described in 15A NCAC 3R .0008(b).
(3) On any posted bottoms upon which oysters
or shells have been planted by the state, un-
less such bottoms have been opened to the
public and dredging permitted.
(4) In any of the areas and their tributaries
designated in 15A NCAC 3R .0008(c).
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0205 MARKETING OYSTERS TAKEN EROM
PRIVATE SHELLFISH BOTTOMS
(a) It is unlawful to take, possess, buy, or sell
oysters from private beds during the open season
unless such oysters have been culled in accord-
ance with Rule 15A NCAC 3K .0202.
(b) It is unlawful to take, possess, or sell oysters
from private beds during the regular closed sea-
son without first securing from the Fisheries Di-
rector a permit showing the name of the person
or persons taking the oysters, the location of the
private bed, and the method of harvest. With
each sale or other disposition of oysters during
the regular closed season, the permittee shall
complete and deliver to the purchaser or other
recipient a certification that the oysters were
taken pursuant to a valid permit. Certification
forms shall be furnished by the Department to
each permittee upon issuance of a permit. It is
unlawful to possess oysters during the closed
season except as provided herein.
Statutory Authority G.S.
1 13-201'; I43D-289.4.
1/3-134; 113-182;
SECTION .0300 - HARD CLAMS
(MERCENARIA)
.0301 SIZE AND HARVEST LIMIT
(a) It is unlawful to take, land, or possess
aboard a vessel more than 6,250 hard clams per
fishing operation from public bottom. It is un-
lawful to take, possess, sell, or purchase any
clams (except Rangia or freshwater clams) less
than one inch thick. Clams shall be culled where
harvested and all clams of less than legal size with
their shell, shall be immediately returned to the
bottom from which taken. The Fisheries Direc-
tor and his agents are authorized and empowered
to grade all, or any portion, or any combination
of portions of the entire quantity of clams being
graded and may require seizure and return to
public bottom or other disposition as authorized
by law of the entire quantity being graded or any
portion thereof.
(b) For temporary openings made upon the
recommendation of Shellfish Sanitation, for
maintenance dredging operations, or for relaying
of polluted clams to private shellfish bottoms as
permitted by 15A NCAC 3K .0104, size and
harvest limits established in Paragraph (a) of this
Rule and the season and area limitations estab-
lished in 15A NCAC 3K .0302 may not apply.
Statutory Authority G.S. 113-134; 113-182;
1/3-22/'; 143B-289.4.
.0302 MECHANICAL HARVEST SEASON
(a) It is unlawful to take, buy, sell, or possess
any hard clams taken by mechanical methods
from public bottom except that the Fisheries
Director may, by proclamation, open and close
the season at any time between December 1
through March 31. The Fisheries Director is
further empowered to impose any or all of the
following restrictions:
( 1 ) specify number of days,
(2) specify areas,
(3) specify time period,
(4) specify quantity and/or size, and
(5) specify means/methods. .Any proclama-
tion specifying means and or methods
must be approved by the Marine Fisheries
Commission prior to issuance.
(b) The Fisheries Director may, by proclama-
tion, open only areas in Core and Bogue Sounds,
Newport, North, White Oak and New Rivers
and the Intracoastal Waterway north of "PC"
Marker at Topsail Beach which have been
opened at any time from January', 1977, through
September, 1988, and the Atlantic Ocean to the
harvest of clams by mechanical methods. Other
areas opened for purposes as set out in 15A
NCAC 3K .0301(b) will open only for those
purposes.
Statutory Authority G.S. 113-134; 1/3-182;
113-221'; 143B-289J.
SO
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
.0303 MECHANICAL HARVEST PERMIT
REQUIREMENT
(a) It is unlawful to harvest hard clams by the
use of mechanical methods from public or pri-
vate bottom without first obtaining a permit.
Permits are valid only in areas, at times, and un-
der conditions specified by the Fisheries Director
based on concerns for other fisheries resources in
the vicinity of the areas within which such activ-
ity is permitted. Such permit may impose con-
ditions and requirements reasonably necessary
for management and enforcement purposes.
(b) The permit will be revoked or suspended
under the following conditions:
(1) If any permit holder refuses to provide
clam harvest information upon contact by
division staff, either by telephone or in
person, his permit shall be suspended.
Permits may be reinstated ten days after
requested information is provided.
(2) Upon conviction of violation of marine
fisheries law, regulation, or proclamation
involving the use of mechanical methods,
the owner's permit will be suspended for
no less than the following time periods:
first conviction -- 10 days; second con-
viction within three years -- 30 days; third
conviction within three years — 60 days;
and upon the fourth conviction within a
three-year period, the permit will be per-
manently revoked.
(3) Upon conviction of violation of 15A
NCAC 3K .0101 or conviction of taking
clams with the use of mechanical methods
from coastal waters that are closed by
proclamation because of pollution, the
owner's permit will be suspended for 30
days for the first conviction, and after the
second conviction within a three-year pe-
riod the permit will be permanently re-
voked.
(4) In the event the person makes application
for a new permit during the period of
suspension, no new permit will be issued
during the time specified in this Rule. In
cases of permanent revocation the mini-
mum waiting period before application for
a new permit will be considered will be six
months; then only after a hearing before
the Fisheries Director or his agent and a
finding that issuance of the permit will be
in the best interest of fisheries manage-
ment may a new permit be issued.
Statutory Authority G.S. 113-134; 113-182;
I43B-2S9.4.
.0304 PROHIBITED TAKING
(a) It is unlawful to take clams by any method,
other than by hand tongs, hand rakes, or by
hand, except as provided in Rules 15A NCAC
3K .0302 and .0303. Regardless of the areas
which may be opened, it is unlawful to take
clams by any method other than hand tongs,
hand rakes as described in 15A NCAC 3K .0102,
or by hand in any live oyster bed, or in any es-
tablished bed of aquatic vegetation which is de-
fined as those marine and estuarine areas of
North Carolina where eelgrass (Zostera marina),
shoalgrass (Halodule wrightii), widgeon grass
(Ruppia maritima), and smooth or salt water
cordgrass (Spartina alterniflora) that may exist
together or separately. These vegetation beds
occur in both subtidal and intertidal zones, and
may occur in isolated patches or cover extensive
areas. In either case, the bed is defined by the
presence of and consists of entire plants (which
during some seasons may be mostly under-
ground) including the above ground leaves and
the below ground rhizomes, together with the
sediment in which the plant grows.
(b) It is unlawful to possess clam trawls aboard
a vessel at any time, or have kick/deflector plates
normally used in the mechanical harvest of clams
affixed to a vessel at any time, except during the
open mechanical clam harvest season. A period
of 14 days before and after the mechanical clam
harvest season will be allowed for the installation
and removal of kick, deflector plates and clam
trawls or cages. Vessels with permits for activ-
ities provided for in Rules 15A NCAC 3K .0104,
.0107, .0303(a), and .0401 shall be exempt from
this Rule during the times such activities are
permitted.
Statutory Authority G.S. 113-134; II 3-1 82;
1/3-22/'; 143B-289.4.
.0305 CLAM HATCHERY PERMIT;
RESTRICTIONS
(a) It is unlawful to operate a clam hatchery
without first obtaining a permit from the Fisher-
ies Director. Such permit will be issued on a
calendar year basis. A clam hatcher," is defined
as any operation which obtains clams through
the process of artificial spawning and/or culture
methods.
(b) It is unlawful to possess undersized clams
from a hatchery unless such clams arc identified
in a manner that will permit immediate determi-
nation of the point of origin and the ultimate
destination.
(c) Possession and sale of clams by a hatchery
and purchase and possession of clams from a
hatchery shall be exempt from bag and size limit
restrictions in 15A NCAC 3K .0301(a), except
5:1 NORTH CAROLINA REGISTER April 2, 1990
81
PROPOSED RULES
that it is unlawful to possess, sell, or transport
undersize clams for purposes other than grow-
out to legal size for market.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
SECTION .0400 - RANGIA CLAMS
.0401 PERMIT REQUIREMENT
It is unlawful to take Rangia clams by mechan-
ical methods from all waters, or by any method
from polluted waters, without first securing a
permit from the Fisheries Director. The permit
shall be issued to the boat owner/operator, shall
list all crew members involved in the operation,
and must accompany the vessel at all times.
Such permit shall designate the area and time(s)
in which Rangia clams may be taken.
Statutory Authority G.S. 113-134; 113-201;
1/3-202; 143B-289.4.
.0402 SEASON, SIZE AND HARVEST LIMITS
Season, size, and harvest limits applicable to
hard clams in Section 15A NCAC 3K .0300 do
not apply to Rangia clams.
Statutory Authority
113-202; 1 43 B- 289. 4.
G.S. 113-134; 113-201;
.0403 DISPOSITION OF MEATS
.-VII meats from clams taken from polluted wa-
ters shall be disposed of in a manner (other than
for human consumption) acceptable to the North
Carolina Divisions of Marine Fisheries and En-
vironmental Health.
Statutory Authority G.S.
113-202; 143B-289.4.
113-134; 113-201;
SECTION .0500 - SCALLOPS
.0501 BAY SCALLOPS - SEASONS AND
HARVEST LIMITS
(a) It is unlawful to take bay scallops except
that the Fisheries Director may, by proclamation,
open the season for harvest, sale, possession and
transport of bay scallops for up to four days in
December and between the second Monday in
January and the last Friday in May. The Fish-
cries Director may, by proclamation, provide for
an open season during the period August 1
through September 15 to hand harvest only (by
hand, dip nets, scoops, hand tongs and hand
rakes). The Fisheries Director is further em-
powered to impose any or all of the following
restrictions:
( 1 ) specify number of days;
(2) specify areas;
(3) specify means and methods which may be
employed in the taking;
(4) specify time period; and
(5) limit the quantity.
(b) For any season provided from December
through May, it is unlawful to take more than
20 standard U.S. bushels per person in any one
day or to exceed a total of 40 standard U.S.
bushels per day in any combined fishing opera-
tion.
(c) For any season provided from August 1
through September 15, it is unlawful to take
more than ten standard U.S. bushels per person
in any one day or exceed a total of 20 standard
U.S. bushels per day in any combined fishing
operation.
Statutory Authority G.S. 113-134; 113-182;
113-221; 143B-289.4.
.0502 TAKING BAY SCALLOPS AT NIGHT
AND ON WEEKENDS
It is unlawful to take bay scallops between sun-
set and sunrise, or on Saturdavs or Sundavs, ex-
cept as provided in 15A NCAC 3K .0105(c).
Statutory Authority G.S.
113-221; 1 43 B- 289.4.
113-134; 113-/82;
.0503 PROHIBITED BAY SCALLOP DREDGE
It is unlawful to take bay scallops with dredges
weighing more than 50 pounds or equipped with
teeth. Any other instrument or device designed
to drag the bottom to aid in the taking of bay
scallops is also prohibited.
Statutory .
143B-289.4.
tuthority G.S. 113-134; 113-/82;
.0504 CALICO SCALLOP SEASON
It is unlawful to land or possess aboard a vessel
calico scallops except at such times as designated
by the Fisheries Director by proclamation.
Statutory Authority G.S.
1 13-22/'; 143B-289.4.
113-134; 113-182;
.0505 SEA SCALLOPS SIZE LIMIT AND
TOLERANCE
It is unlawful to land or possess sea scallops
with a shell height (length) of less than three and
one-half inches. A tolerance of not more than
ten percent by number for undersized sea scallop
shell height shall be allowed. In determining
whether the proportion of undersized sea scallops
exceeds the ten percent tolerance limit, the Fish-
eries Director and his agents arc authorized and
empowered to grade all, or any portion, or any
82
5:1 XORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
combination of portions of the entire quantity
being graded, and in cases of violations, may re-
quire seizure or other disposition as authorized
by law.
(a) It is unlawful to take shrimp with nets with
mesh lengths less than the following:
Statutory Authority G.S.
I43B-2S9.4.
113-134; 113-182;
.0506 SOAKED OR SWELLED SCALLOPS
PROHIBITED
It is unlawful to possess, sell, or take part in the
production of soaked or swelled scallops that
have been shucked. It is unlawful to permit
scallops to be placed in still or standing water.
Statutory Authority
143B-289.4.
G.S. 113-134; 113-182;
SUBCHAPTER 3L - SHRIMP, CRABS, AND
LOBSTER
SECTION .0100 -SHRIMP
.0101 SEASON
(a) It is unlawful to take shrimp with nets until
the Fisheries Director, by proclamation, opens
the season in various waters. Proclamations may
specify any hours of day or night or both and any
other conditions appropriate to management of
the fishery. If sampling indicates primarily un-
dersized shrimp or juveniles of any other species
of major economic importance, the Fisheries
Director may close such waters to shrimping and
prohibit the use of nets for any purpose except
cast nets as provided in 15A NCAC 3L .0102.
Prominent landmarks or other permanent-type
markers shall be considered when establishing
closure lines even if such lines extend beyond the
area of concern.
(b) It is unlawful to take shrimp in violation
of conditions specified by proclamation.
Statutory Authority G.S.
113-221; 143B-289A.
113-134; 113-182;
.0102 WEEKEND SHRIMPING PROHIBITED
It is unlawful to take shrimp by any method
between one hour after sunset on any Saturday
and one hour before sunset on the following
Sunday, except:
(1) In the Atlantic Ocean; and
(2) With the use of fixed and channel nets,
hand seines, and cast nets.
Statutory Authority G.S. 113-134; 113-182;
113-221; 143B-289.4.
.0103 PROHIBITED NETS AND MESH
SIZES
(1)
(2)
(3)
(b)
Trawl net - one and one-half inches;
Fixed nets, channel nets, float nets, but-
terfly nets, and hand seines - one and
one-fourth inches; and
Cast net - no restriction.
It is unlawful to take shrimp with a net
constructed in such a manner as to contain an
inner or outer liner of any mesh size. Net mate-
rial used as chafing gear shall be no less than four
inches mesh length except that chafing gear with
small mesh may be used only on the bottom
one-half of the tailbag. Such chafing gear shall
not be tied in a manner that forms an additional
tailbag.
Statutory Authority G.S.
143B-289.4.
113-134; 113-182;
.0104 UNLAWFUL TO USE OR TAKE
It is unlawful to:
(1) Use channel nets except as provided in 15A
NCAC 3J .0106.
(2) Use shrimp pots except as provided in 15A
NCAC 3J .0301.
(3) Take or possess more than 100 shrimp per
person per day while fishing in a closed area
with a cast net.
Statutory Authority G.S. 113-134; 113-182;
I43B-289.4.
SECTION .0200 - CRABS
.0201 SIZE LIMIT AND CULLING
TOLERANCE
It is unlawful to possess hard crabs smaller than
five inches from tip of spike to tip of spike except
mature females and "peelers". Crabs shall be
culled where harvested and all crabs less than le-
gal size shall be immediately returned to the wa-
ters from which taken. "Peelers" shall be
separated from the entire catch before reaching
shore or dock. Tolerance of not more than 15
percent by number of any portion examined shall
be allowed. In determining whether the propor-
tion of undersize crabs exceeds the 15 percent
tolerance limit, the Fisheries Director and his
agents are authorized and empowered t.o grade
all, or any portion, or any combination of por-
tions of the entire quantity of crabs being graded,
and may require seizure and return to the waters,
or other disposition as authorized by law, of the
entire quantity being graded, or of any portion
thereof, if undersized crabs in excess of the toler-
ance limit are found.
5:1 NORTH CAROLINA REGISTER April 2, 1990
S3
PROPOSED RULES
Statutory Authority
113-221; 143B-2S9.4.
G.S. 113-134; 113-182;
.0202 CRAB TRAWLING
(a) It is unlawful to take or possess aboard a
vessel crabs taken by trawl in internal waters ex-
cept in areas and during such times as the Fish-
eries Director may specify by proclamation.
(b) It is unlawful to use any crab trawl with a
mesh length less than three inches for taking hard
crabs.
(c) It is unlawful to use trawls with a mesh
length less than two inches or with a corkline
exceeding 25 feet in length for taking soft or
"peeler" crabs. The minimum corkline length
shall not apply in Dare County.
(d) It is unlawful to take crabs with trawls be-
tween one hour after sunset on any Saturday and
one hour before sunset on the following Sunday,
except in the Atlantic Ocean.
Statutory Authority G.S.
113-221; 143B-2S9.4.
113-134; 113-182;
.0203 CRAB DREDGING
(a) It is unlawful to take crabs with dredges
except:
(1) From January 1 through March 1 in the
area of Pamlico Sound described in 15A
NCAC 3R .0009.
(2) Crabs may be taken incidental to lawful
oyster dredging operations provided the
weight of the crabs shall not exceed:
(A) 50 percent of the total weight of the
combined oyster and crab catch; or
(B) 500 pounds, whichever is less.
(b) It is unlawful to take crabs with dredges
between sunset and sunrise and between sunset
on any Saturday and sunrise on the following
Monday, except in the Atlantic Ocean.
Statutory A uthority
143B-289.4.
G.S. 113-134; 113-182;
.0204 CRAB POTS
It is unlawful to take crabs with pots except as
provided in 15A NCAC 3J .0301 and .0302.
Statutory Authority G.S. 1/3-134; 113-182;
143B-289.4.
.0205 CRAB SPAWNING SANCTUARIES
(a) It is unlawful to use a trawl net or take
crabs with the use of commercial fishing equip-
ment from the crab spawning sanctuaries de-
scribed in 15A NCAC 3R .0010 from April 1
through August 31.
(b) From September 1 through March 31, the
Fisheries Director may, by proclamation, close
the crab spawning sanctuaries and may impose
any or all of the following restrictions:
(1) Specify number of days;
(2) Specify areas;
(3) Specify means and methods which may
be employed in the taking;
(4) Specify time period;
(5) Limit the quantity.
It is unlawful to violate the provisions of any
proclamation issued under this authority.
Statutory Authority
113-221; 143B-289.4.
G.S. 113-134; 113-182;
SECTION .0300 - LOBSTER
.0301 SIZE LIMIT
It is unlawful to possess northern lobster with
a carapace length less than the minimum speci-
fied by proclamation. The Fisheries Director
may, by proclamation, specify the minimum
carapace length for northern lobster recom-
mended by the Atlantic States Marine Fisheries
Commission as the result of a duly adopted In-
terstate Fisheries Management Plan, or adopted
as a federal rule by the National Marine Fisheries
Service as the result of a duly adopted Regional
Fishery Management Plan prepared by the Fish-
ery Management Councils.
Statutory A uthority
113-221; 1 43 B- 289. 4.
G.S. 1/3-134; 113-182;
.0302 ACTIVITIES PROHIBITED
It is unlawful to:
(1) Possess egg-bearing lobster or lobster from
which the eggs have been scrubbed;
(2) Land or possess aboard a vessel shucked
northern lobster meat, detached tails, claws,
or other parts unless accompanied by head
sections for the purpose of determining legal
size; and
(3) Use or have aboard a vessel lobster traps
unless such traps are equipped with escape
vents of a size adequate to minimize re-
tention of undersized lobsters.
Statutoty Authority G.S. 113-134; 1/3-182;
143B-289.4.
SLBCIIAPTER 3M - EINFISII
SECTION .0100 - FINFISH, GENERAL
.0101 UNDERSIZED AND MUTILATED
FINFISH
84
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(a) It is unlawful to fail to immediately return
to the waters from which taken any finfish, re-
gardless of condition, that would be illegal to
possess because of size or harvest limit re-
strictions.
(b) It is unlawful to possess aboard a vessel or
land any striped bass, red drum, spotted seatrout
or flounder mutilated to the extent that accurate
length measurements, number harvested, or spe-
cies identification cannot be determined.
Statutory Authority G.S. 113-134; 113-185;
I43B-289.4.
.0102 UNMARKETABLE FOOD OR SCRAP
FISH
(a) It is unlawful to land or dispose of finfish
as trash or scrap fish if in violation of minimum
size or possession limits established by rule or
proclamation.
(b) It is unlawful to land or dispose of finfish
as trash or scrap fish taken in connection with
legitimate commercial fishing operation which
are unmarketable as individual food fish by rea-
son of size, except that a quantity not exceeding
5,000 pounds (50 boxes) or 40 percent of the to-
tal catch by weight or volume, whichever is
greater, per vessel or fishing operation per day
may be:
(1) Landed and sold to a licensed finfish
dealer, a licensed fish dehydrating plant
or licensed finfish processing plant, and
(2) Purchased or accepted by a licensed finfish
dealer, a licensed fish dehydrating plant
or licensed finfish processor.
Statutory A uthority
1 43 B- 289. 4.
G.S. 113-134; 113-/85;
SECTION .0200 - STRIPED BASS
.0201 GENERAL
(a) Striped bass is defined as striped bass
(Morone saxatilis) and its hybrids taken in coas-
tal and joint waters.
(b) Hook-and-line fishing equipment is not
commercial fishing equipment in the striped bass
fishery. It is unlawful to sell or purchase striped
bass taken by hook-and-line. Striped bass taken
legally with hook-and-line may be possessed and
transported.
(c) It is unlawful to possess striped bass im-
ported from other states less than 14 inches long
(total length).
(d) It is unlawful to buy, sell, transport, or
possess striped bass except:
(1) During the open season in internal coastal
waters established in 15A NCAC 3M
.0202, or
(2) During any open season established for the
Atlantic Ocean in 15A NCAC 3M .0204.
Statutory Authority G.S.
143B-289.4.
.0202
113-134; 113-182
SEASON: INTERNAL COASTAL
WATERS
The Fisheries Director may, by proclamation,
impose any or all the following restrictions in
addition to restrictions in 15A NCAC 3M .0203,
on the taking of striped bass in internal coastal
waters:
(1) Specify season or seasons:
(a) for hook-and-hne,
(b) for commercial fishing equipment between
October 1 and April 30.
(2) Specify areas,
(3) Specify quantity,
(4) Specify means/methods,
(5) Specify size,
(6) Require submission of statistical and bi-
ological data.
This Rule will be effective until September 1,
1992.
Statutory Authority
1/3-221'; 143B-289.4.
G.S. 1/3-134; 113-181
.0203 SIZE AND CREEL LIMIT:
INTERNAL COASTAL WATERS
(a) It is unlawful to possess striped bass har-
vested from internal coastal waters less than 14
inches long (total length). Fish that do not meet
the minimum size limit shall immediately be re-
turned to the waters from which taken regardless
of condition.
(b) It is unlawful for any person to possess
more than three striped bass in any one day taken
by hook-and-line from internal coastal waters.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0204 SEASON, SIZE AND HARVEST
LIMIT: ATLANTIC OCEAN
(a) It is unlawful for any person to possess
striped bass taken in the Atlantic Ocean less than
the size limit as determined by the Atlantic States
Marine Fisheries Commission in their Interstate
Fisheries .Management Plan for striped bass.
The Fisheries Director shall issue proclamations
necessary to bring North Carolina's size limit in
compliance with the Interstate Fisheries Man-
agement Plan.
5:1 NORTH CAROLINA REGISTER April 2, 1990
85
PROPOSED RULES
(b) It is unlawful to buy, sell, transport, or
possess striped bass from the Atlantic Ocean by
any means except that the Fisheries Director may
establish an open season at any time, and is fur-
ther empowered to impose any or all of the fol-
lowing restrictions:
(1) Specify number of days,
(2) Specify areas,
(3) Specify means and methods which may
be employed in the taking,
(4) Specify time period,
(5) Limit the quantity, both commercially and
recreationally, and
(6) Provide for biological sampling of fish
harvested.
Statutory Authority G.S. 113-134; 113-182;
1 13-221'; 143B-289.4.
.0205 PROHIBITED TRAWLING
(a) It is unlawful to possess striped bass on a
vessel with a trawl net on that vessel in internal
coastal waters except during transit from ocean
fishing grounds to port during any open season
in the Atlantic Ocean established by proclama-
tion. Striped bass so possessed must meet the
minimum size limit set by proclamation.
(b) It is unlawful to possess striped bass on a
vessel in the Atlantic Ocean with a trawl net on
that vessel except during any open season in the
Atlantic Ocean established by proclamation.
Statutory Authority
143B-289.4.
G.S. 113-134; 113-/82;
.0206 HYBRID STRIPED BASS CULTURE
Culture and sale of hybrid striped bass con-
ducted in accordance with Rule 15A NCAC 10H
Section .0700 of the North Carolina Wildlife
Resources Commission shall be exempt from re-
gulations of the North Carolina Marine Fisheries
Commission concerning striped bass.
Statutory Authority
143B-289.4.
G.S. 113-132: 1/3-/34;
SECTION .0300 -SPANISH AND KING
MACKEREL
.0301 HARVEST LIMIT
It is unlawful to possess aboard or land from a
vessel, or combination of vessels that form a sin-
gle operation, more than 3.500 pounds of Span-
ish or King Mackerel, in the aggregate, in any
one day. The Fisheries Director, may by proc-
lamation, impose any or all of the following re-
strictions on the taking of Spanish and or King
Mackerel:
(1) Specify areas.
(2) Specify seasons.
(3) Specify quantity.
(4) Specify means, methods.
(5) Specify size.
Statutory Authority
113-221: 143B- 289.4.
G.S. 113-134; 113-182;
.0302 PLRSE GILL NET PROHIBITED
It is unlawful to have a purse gill net on board
a vessel when taking or landing Spanish or King
Mackerel.
Statutory Authority
I43B-289.4.
G.S. 113-134; 113-182;
(1)
(2)
(3)
(4,
SECTION .0400 - MENHADEN AND ATLANTIC
THREAD HERRING
.0401 SEASON AND AREAS
(a) It is unlawful to take menhaden or Atlantic
thread herring with a purse seine in violation of
any of the following limitations:
In the Atlantic Ocean within an area de-
scribed in 15A NCAC 3R .0011.
Between January 16 and May 14 in inter-
nal waters and in the Atlantic Ocean
within one mile of shore.
Between January 16 and March 31 in Core
Sound.
In internal waters except in:
(A) Pamlico Sound,
(B) Pamlico River east of a line from
Wades Point to Intracoastal Waterway
Marker No. 1 at the mouth of Goose
Creek,
(C) Neuse River east of a line from Wil-
kinson Point to Cherry Point,
(D) Adams Creek,
(E) Core Sound and its tributaries,
(F) Back Sound, the Straits, and North
River,
(G) Newport River,
(H) North River,
(I) Newport River, and
(J) Bogue Sound.
(5) The Fisheries Director may, by procla-
mation, open the Atlantic Ocean within
one mile of shore and the internal waters
specified in Subparagraph (4) of this Rule
between April 1 and May 14.
lb) Menhaden and Atlantic thread herring may
be taken at any time with a purse seine from be-
yond one mile of shore in the Atlantic Ocean and
transported to port except as prohibited in 15A
NCAC 3M .0403.
86
5:1 XORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
Statutory Authority G.S.
1 13-221; I43B-289.4.
113-134; 113-182;
.0402 FOODFISH PROHIBITED
It is unlawful to land from a vessel licensed for
menhaden fishing foodfish in excess of one per-
cent of the total amount of fish on board, or to
land foodfish from any vessel taking fish with the
aid of a purse seine. In determining whether the
portion of foodfish exceeds one percent of the
total fish on board, the Fisheries Director or his
agents are authorized and empowered to grade
any portion of the total catch on board. In se-
lecting the size of the portion for the determi-
nation of the amount of foodfish present, the
portion shall be no less than an amount required
to fill a standard five-gallon container for each
100,000 fish on board.
Statutory A uthority
143B-289.4.
G.S. 113-134; 113-182.
.0403 FISHING ON WEEKENDS AND
HOLIDAYS PROHIBITED
(a) It is unlawful to take menhaden or Atlantic
thread herring by use of a purse seine between
sunset on any Friday and sunrise of the following
Monday from the Friday of the Memorial Day-
weekend through sunset on Labor Day each
year.
(b) It is unlawful to take menhaden or Atlantic
thread herring by use of a purse seine between
the hours of sunrise and sunset on the following
official holidays:
(1) Memorial Day;
(2) Fourth of July, when the Fourth of July
falls on any calendar day between sunrise
Friday and sunset Monday; and
labor Day.
(3)
Statutory .
143B-289.4.
iuthority G.S. 113-134; 113-182;
.0404 FISH SPUE REPORTING MANDATORY
When a fish spill occurs, the responsible men-
haden fishing company shall:
(1) Immediately notify the office of the Fish-
eries Director of the North Carolina Divi-
sion of Marine Fisheries of such spill; and
(2) Report to the Fisheries Director of the
North Carolina Division of Marine Fisheries
in writing on the circumstances associated
with each spill and costs of its clean-up.
Statutory Authority
143B-289.4.
G.S. 113-/34: 113-182;
SECTION .0500 - OTHER FINFISH
.0501 RED DRUM
(a) It is unlawful to take or possess more than
two red drum exceeding 32 inches in length in
any one day.
(b) It is unlawful to possess red drum less than
14 inches in length.
(c) It is unlawful to remove red drum from any
type of net with the aid of any boat hook, gaff,
spear, gig, or similar device.
(d) The Fisheries Director, may by proclama-
tion, impose any or all of the following additional
restrictions on the taking of red drum:
(1) Specify areas.
Specify seasons.
Specify quantity.
Specify means/methods.
Specify size.
(2)
(3)
(4)
(5)
Statutory Authority G.S. 113-134; 113-182;
113-221; 143B-2S9A.
.0502 MULLET
The Fisheries Director may, by proclamation,
impose any or all of the following restrictions on
the taking of mullet:
(1)
Specify season,
(2)
Specify areas,
(3)
Specify quantity,
(4)
Specify means/methods
(5)
Specify size.
Statutory Authority G.S. 1/3-134; 113-182;
113-221; I43B-289.4.
.0503 FLOUNDER
(a) It is unlawful to possess flounder less than
13 inches in length.
(b) The Fisheries Director may, by proclama-
tion, establish fishing gear specifications for
trawls used within three nautical miles of the
beach from October 1 through April 30 in order
to protect small flounder. It is unlawful to vio-
late the provisions of any proclamation issued
under this authority.
Statutory Authority G.S. 113-134; 113-182;
113-221; 143B-2S9.4.
.0504 SPOILED SEATRQUT
It is unlawful to possess spotted seatrout
(speckled trout) less than 12 inches in length.
Statutory Authority G.S. 113-/34; 113-182;
143B-2S9.4.
.0505 SHARK
5:7 NORTH CAROLINA REGISTER April 2, 1990
87
PROPOSED RULES
The Fisheries Director may, by proclamation,
until September 1, 1991, impose any or all of the
following restrictions in the shark fishery:
( 1 ) Specify size;
(2) Specify seasons;
(3) Specify quantity;
(4) Specify means methods; and
(5) Require submission of statistical and bi-
ological data.
Statutory Authority G.S. 113-134; 113-182;
113-221'; 143B-289.4.
.0506 SNAPPER-GROUPER
The Fisheries Director may, by proclamation,
until September 1, 1991, impose any or all of the
following restrictions in the fisher)' for species of
the snapper-grouper complex listed in the South
Atlantic Fishery Management Council Fishery
Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region:
( 1) Specify size;
(2) Specify seasons;
(3) Specify areas;
(4) Specify quantity;
(5) Specify means methods; and
(6) Require submission of statistical and bi-
ological data.
Statutory Authority G.S. 113-134; 113-182;
113-221'; 143B-2S9.4.
.0507 HOOK-AND-LINE FISHING RESTRICTED
The Fisheries Director may, by proclamation,
establish size and harvest limit restrictions for the
following species:
( 1 ) Blue marlin;
(2) White marlin;
(3) Sailfish;
(4) Cobia;
(5) Dolphin;
(6) Bluefish;
(7) Spotted seatrout; and
(8) Weakfish.
It is unlawful to violate the provisions of any
proclamation issued under the authority of this
Rule.
Statutory Authority G.S. 113-/34; 113-182;
113-22/'; I43B-289.4.
SUBCHAPTER 3N - NURSERY AREAS
.0001 SCOPE AND PURPOSE
To establish and protect those fragile estuarine
areas which support juvenile populations of eco-
nomically important seafood species, these Rules
will set forth permanent nursery areas in all
coastal fishing waters as defined through exten-
sive estuarine survey sampling conducted by
Marine Fisheries personnel of the Operations
Section. Nursery areas are necessary for the early
growth and development of virtually all of North
Carolina's important seafood species. Nursery
areas need to be maintained, as much as possible,
in their natural state, and the populations within
them must be permitted to develop in a normal
manner with as little interference from man as
possible. In order to protect the integrity and
resources of nursery areas, it is necessary to pro-
hibit the use of bottom-disturbing gears and se-
verely restrict or prohibit excavation and. 'or
fillinc activities.
Statutory Authority G.S.
143B-2S9.4.
113-134; 113-182;
.0002 NURSERY AREAS DEFINED
Nursery areas are defined as those areas in
which for reasons such as food, cover, bottom
type, salinity, temperature and other factors,
young finfish and crustaceans spend the major
portion of their initial growing season:
( 1 ) Primary nursery areas are those areas in the
estuarine system where initial post-larval
development takes place. These areas are
usually located in the uppermost sections of
a system where populations are uniformly
very early juveniles.
(2) Secondary nursery areas are those areas in
the estuarine system where later juvenile de-
velopment takes place. Populations are
usually composed of developing sub-adults
of similar size which have migrated from an
upstream primary nursery area to the sec-
ondary nursery area located in the middle
portion of the estuarine system.
Statutory Authority G.S. 113-134; 113-182;
I43B-289.4.
.0003 MAPS AND MARKING
(a) Maps or charts showing all primary and
secondary nursery areas are available for in-
spection at the Division of Marine Fisheries' Of-
fice, Morehead City.
(b) The Division of Marine Fisheries will mark
the downstream boundary of each primary and
secondary nursery area with signs insofar as may
be practicable. No unauthorized removal or re-
location of any such marker or sign shall have the
effect of changing the classification of any body
of water or portion thereof, nor shall any such
unauthorized removal or relocation or the ab-
sence of any marker or sign affect the applicabil-
ity of any rule pertaining to any such body of
ss
5:1 yORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
water or portion thereof. Where there is conflict
between markers and charts, charts shall prevail.
Statutory Authority G.S. 113-134;
143B-289.4.
113-182;
.0004 PROHIBITED GEAR, PRIMARY
NURSERY AREAS
It is unlawful to use any trawl net, long haul
seine, swipe net, dredge or mechanical methods
for clams or oysters, for the purpose of taking
any marine fishes in any of the primary nursery
areas described in 15A NCAC 3R .0003.
Statutory Authority G.S.
143B-289.4.
113-134; 113-182;
.0005 PROHIBITED GEAR, SECONDARY
NURSERY AREAS
(a) It is unlawful to use trawl nets for any
purpose in any of the permanent secondary nur-
sery areas described in 15A NCAC 3R .0004.
(b) It is unlawful to use trawl nets for any
purpose in any of the special secondary nursery
areas described in 15A NCAC 3P .0005, except
that the fisheries Director, may, by proclama-
tion, open any or all of the special secondary
nursery areas, or any portion thereof, listed in
15A NCAC 3R .0005 to shrimp or crab trawling
from August 16 through May 14 subject to the
provisions of ISA NCAC 3L .0100 and .0200.
(c) Areas described m 15A NCAC 3R .0004
and .0005 generally pertain to those areas located
between the described line and the primary nurs-
ery area lines or Inland-Coastal boundary lines
where applicable.
Statutory Authority G.S. 113-134; 113-182;
113-221'; 143B-289.4.
SUBCHAPTER 30 - LICENSES, LEASES, AND
FRANCHISES
SECTION .0100 - LICENSES
.0101 LICENSE AGENTS
(a) The total number of license agents in the
counties which contain or border on coastal
fishing waters shall not exceed 43. The license
agents authorized for each county as of October
1, 1983, shall be allowed to renew their agency
authorization subject to the terms of this Regu-
lation. The desired number of license agents for
coastal fishing waters counties is three agents for
Carteret, Dare, New Hanover and Onslow
counties; two agents for Beaufort, Brunswick and
Craven counties; and one agent for the remaining
counties.
(b) In the selection of licenses agents, the Sec-
retary shall consider the following requirements;
(1) Willingness to attend annual training
seminars conducted at the Division field
offices;
(2) Demonstrated ability, either through past
performance or through present capabili-
ties, to maintain an accurate accounting
of licenses and funds received from the
sale of licenses; and
(3) That no two license agents be located
within a 10 mile radius.
(c) License agents appointed after October 1,
1983 shall receive a temporary appointment for
a six month period. The Secretary shall review
the appointment and determine whether the ap-
pointment should continue on the same terms
applicable to other license agents.
(d) It is unlawful for a Division appointed li-
cense agent or any other person who is acting in
such agent's behalf to:
(1) withhold or misappropriate funds from the
sale of licenses;
(2) falsify records of licenses sold;
(3) willfully and knowingly assist or allow a
person to obtain a license for w hieh he is
ineligible;
(4) willfully issue a backdated license;
(5) willfully on records or licenses to include
false information or omit material infor-
mation as to:
(A) a person's entitlement to a particular
license; or
(B) the applicability or term of a particular
license;
(6) refuse to return all consigned licenses, or
to remit the net value of consigned li-
censes sold or unaccounted for upon de-
mand from an authorized employee of the
Division.
(e) The Secretary may temporarily suspend,
revoke, or refuse to renew a person's appoint-
ment as a license agent if he or his employees fail
in a timely manner to submit required reports,
remit monies due the Division, or otherwise
comply with qualifications and standards set by
the Division of Marine Fisheries. Any appeal
of the Secretary's decision to temporarily sus-
pend, revoke or refuse to renew an appointment
of a license agent shall be conducted pursuant to
the process set out in 15A NCAC 3N .0302.
Statutory Authority G.S. 113-134; 113-151.1;
143B-289.4.
.0102 PROCEDURE TO PI RCHASE LICENSE
(a) It is unlawful to command a nonresident
vessel engaged in commercial fishing operations
5:7 NORTH CAROLINA REGISTER April 2, 1990
89
PROPOSED RULES
without the state that results in landing and off-
loading fish in North Carolina to fail to obtain a
nonresident vessel license prior to offloading such
fish unless exempted bv provisions of G.S. 113-
153.
(b) Buy-boats, run boats, or any other vessels
used in connection with commercial fishing op-
erations, except vessels without motors used in
connection with other licensed vessels and purse
boats used in connection with menhaden mother
ships, are required to meet the vessel license re-
quirements of G.S. 113-152.
(c) Licenses for residents, and non-resident
vessels fishing outside North Carolina s territorial
waters but landing and offloading in North Ca-
rolina, may be obtained by contacting the Divi-
sion of Marine Fisheries, P.O. Box 769,
Morehead City, NC 28557-0769 or one of it's
License agents located in each coastal county and
in several inland counties.
(d) Licenses for fish spotter planes, menhaden
fishing, non-resident vessels fishing in the coastal
waters of North Carolina, and licensing by mail
will be handled onlv bv the Division of Marine
fisheries, P.O. Box 760, Morehead City, NC
28557-0769.
(e) For non-resident vessels fishing in the
coastal waters of North Carolina, there is a pe-
riod of 45 days following receipt of a completed
license application with fees during which it will
be determined if the applicant is eligible for a Li-
cense based on standards in G.S. 113-166. Li-
cense fees are not refundable if the license is
denied.
(f) To obtain a commercial fishing vessel li-
cense, the following information is required:
( 1 ) Owner's full name, address, and date of
birth;
(2) Vessel information, including overalL
length, port of landing, number in crew,
and other pertinent information listed in
vessel ownership documents;
(3) Statistical information such as type and
size of equipment used in commercial
fishing activities; and
|4) Other miscellaneous information as may
be required.
(g) Any vessel with length involving inches
shall be rounded off to the nearest foot. Less
than six inches will be dropped off; six inches or
more will be raised to the next foot.
Statutory Authority G.S. 113-152; 113-153;
143B-2S9.4.
.0103 DEALER LICENSES: 1)1.1 IM RONS
The following definitions shall apply:
(1) Shucker-packer (oyster, scallop or clam) -
shucking and packing and offering for gen-
eral market distribution;
(2) Shell stock shipper - all other oyster, scal-
lop or clam dealer activities not defined in
shucker-packer;
(3) Crab processor - cooking, picking and
preparing hard crab meat and offering for
general market distribution;
(4) Lnproccssed crab - all other crab dealer
activities not defined in crab processor;
(5) Shrimp processor - peeling, deveining
and or breading and offering for general
market distribution;
(6) Lnproccssed shrimp - all other shrimp
dealer activities not defined in shrimp pro-
cessor;
(7) Finfish processor - finfish processed
through the stages of heading, gutting, fillet-
ting (or similar stage), canning, deboning,
and or grinding, and offered for general
wholesale market distribution;
(8) Lnproccssed finfish - all other finfish dealer
activities not defined in finfish processor;
(9) Processor will include dehydrating for the
species for which a processor license has
been secured. Dehydration of any species
for which a processor License has not been
secured will be contained in unprocessed
finfish;
(10) .Any person subject to fish dealer licensing
requirements who deals in fish not included
in the categories of this Rule must secure the
appropriate finfish dealer license.
Statuton Authority G.S. 113-151; 113-156;
I43B-2S9.4.
.0104 SHIPPING AND TRANSPORTING
SEAFOOD
(a) It is unlawful to transport seafood without
having ready at hand for inspection a bill of
consignment (bill of lading) provided by the
shipping dealer showing thereon the name of the
consignee, name of the shipper, the date ot the
shipment, and the quantity of each product
shipped. In the event the fisherman taking the
seafood is also a dealer and ships from the point
of landing, all records of bills of consignment
shall be recorded at the point of landing.
(b) It is unlawful to ship seafood without at-
taching to each box. bag. or other such container
a tag identifying the shipper, the date shipped,
and the seafood and quantity within such con-
tainer, except that shellfish meeting the labelling
requirements of the Division of Environmental
Health are exempt from this requirement.
90
5:1 XORTfl CAROLINA REG ESTER April 2, 1990
PROPOSED RULES
(c) Fishermen who transport their catch to
dealers are not required to abide by this Rule.
Statutory Authority G.S. 113-134; 113-182;
I43B-2S9.4.
.0105 BAIT DEALERS
Persons dealing in minnows, live shrimp, or
both minnows arid live shrimp for bait purposes,
who are subject to licensing requirements under
G.S. 113-156 are required to purchase only the
license applicable to finfish dealers. A bona fide
dealer in shrimp, licensed under the provisions
of G.S. 1 13-156, may, however, deal in minnows
as well as live shrimp for bait purposes, as an
incident of his operations under his shrimp deal-
er's license.
Statutory Authority G.S. 113-134; 113-151;
113-156; 143B-289.4.
.0106 RETAIL SALE OF FISH
It is unlawful to offer for sale fish purchased
from a licensed dealer without having ready at
hand a receipt or bill of purchase to verify the
purchase of said fish.
Statutory Authority G.S. 113-/34; 113-156;
143B-289.4.
.0107 DISPLAY OF LICENSE
(a) /Any vessel required to be licensed under the
provisions of G.S. 113-152 shall carry a current
license decal mounted on an exterior surface or
in the rigging so as to be plainly visible at all
times when anyone is approaching the vessel
from its port side. The display of any license
decal other than the decal issued for the vessel
displaying it is prohibited.
(b) The person in charge of a vessel must have
ready at hand for inspection the current license
receipt for the vessel concerned.
(c) It is unlawful to fail to display any dealer's
licenses required by G.S. 1 13-156 and ocean pier
license required by G.S. 113-156.1 in prominent
public view in each location subject to licensing.
Statutoiy Authority G.S. 113-134; 113-152;
I43B-289.4.
.0108 LOST LICENSE REPLACEMENT
(a) Lost vessel license decals may be replaced
upon payment of a fee of fifty cents ($0.50) and
submission of evidence to the Division of Marine
Fisheries that a current license for the vessel in
question has been purchased.
(b) Lost Dealer's, Ocean Pier, and Shellfish
Licenses may be replaced upon submission of
evidence to the Division of Marine Fisheries that
a current license has been purchased.
Statutory Authority G.S.
143B-289.4.
113-134; 113-152;
.0109 SURRENDER OF LICENSES
It is unlawful for any licensee to refuse to sur-
render to an agent of the Secretary all license
certificates, license receipts, license decals, and
other forms and records relating to the license
following personal service of notice of suspension
or revocation of licenses in accordance with G.S.
113- 166(d). It is unlawful for any person in
custody or possession of any such certificate, re-
ceipt, decal, form, or record required to be sur-
rendered to refuse to surrender same to an agent
of the Secretary making such demand.
Statutory Authority G.S.
1 43 B- 289. 4.
1/3-134; 1/3-/66;
SECTION .0200 - LEASES AND FRANCHISES
.0201 STANDARDS FOR SHELLFISH
LEASE AREAS
(a) All areas of the public bottoms underlying
coastal fishing waters must meet the following
standards in addition to the standards in G.S.
113-202 in order to be deemed suitable for leas-
ing:
(1) The lease area must not contain a natural
shellfish bed which is defined as ten
bushels or more of shellfish per acre.
(2) The lease area must not be closer than 100
feet to a developed shoreline. In an area
bordered by undeveloped shoreline, no
minimum setback is required. When the
area to be leased borders the applicant's
property or borders the property of ripa-
rian owners who have consented in a no-
tarized statement, the Commission may
reduce the distance from shore required
by this Rule.
(3) Unless the applicant can affirmatively es-
tablish a necessity for greater acreage
through the management plan that is at-
tached to the application and other evi-
dence submitted to the Commission, the
lease area shall not be less than one acre
and shall not exceed:
(A) 10 acres for oyster culture;
(B) 5 acres for clam culture; or
(C) 5 acres for any other species.
This Section shall not be applied to re-
duce any holdings as of July 1, 1983.
5:1 NORTH CAROLINA REGISTER April 2,1990
91
PROPOSED RULES
(b) Leased areas must produce 25 bushels of
shellfish per acre per year to meet the minimum
commercial production requirement.
Statutory Authority G.S. 113-134; 113-201;
113-202; I43B-2S9A.
.0202 SHELLFISH LEASE APPLICATIONS
(a) Any person desiring to apply for a lease
must make written application to the Division
by completing the Application for Lease of
Shellfish Bottom Form. The forms are available
from the Division of Marine fisheries, P.O. Box
769, Morehead City, North Carolina 28557-0769.
(b) Lach application must be accompanied by
a map or diagram. The map or diagram will be
prepared at the applicant's expense and must
meet the following standards:
( 1 ) A scaled diagram or sketch on ordinary
8-12 x 14 inch paper, which shows a
properly oriented north arrow;
(2) The diagram or sketch shall clearly show
the boundaries of the proposed leasehold
and the relationship between the bounda-
ries and each of the following items:
(A) physical features such as shoreline,
navigation markers, piers, etc.;
(B) geographic features such as bays,
sounds, creeks, points, islands, etc.; and
(C) existing oyster and clam or shellfish
leases in the area identified with the own-
er's name and lease number;
(3) A title block labeled "SHELLFISH
LEASE APPLICATION MAP" that
contains:
(A) the applicant's name, address and tele-
phone number:
(B) the name of the body of water wherein
the proposed leasehold is sited: and
(C) the county, date of the map, scale of the
map. and the estimated lease acreage; and
(4) An inset vicinity map which shows the
location of the proposed lease with suffi-
cient detail to allow ready, on-site iden-
tification and location of the area by
investigating biologists and members of
the public.
(c) The application and map or diagram must
be returned to the above address accompanied
by a filing fee of one hundred dollars ($100.00).
(d) As a part of the application, the applicant
must submit a management plan for the area to
be leased on a form provided by the Division
which meets the following standards:
( 1 ) States the methods through which the ap-
plicant will cultivate and produce shellfish
consistent with the minimum requirement
in 15A NCAC 30 .0302(b);
(2) States the time intervals during which
various phases of the cultivation and pro-
duction plan will be achieved;
(3) States the materials and techniques that
will be utilized in management of the
lease; and
(4) Forecasts the results expected to be
achieved by the management activities;
(e) Immediately after the application is ac-
cepted by the Division, the applicant must mark
the area of public bottom for which a lease is re-
quested. The area shall be marked at each corner
with stakes in accordance with the provision of
15A NCAC 30 .0204(a)(1). The applicant shall
firmly attach to each stake a sign provided by the
Division. The applicant shall place in the ap-
propriate spaces the name of the applicant, the
date the application was filed and the estimated
acres.
(f) Application processing will begin when an
application that is apparently complete is ac-
cepted by the Division. An incomplete or defi-
cient application will be returned to the applicant
and will not be considered until it is re-submitted
and determined by the Division to be complete
and sufficient.
Statutory Authority G.S. 113-134; 113-201;
113-202; 143B-2S9.4.
.0203 SHELLFISH LEASE APPLICATION
PROCESSING
(a) Upon acceptance of a completed applica-
tion, the proposed lease area will be inspected
within a reasonable time by agents of the Divi-
sion. If the agents of the Division determine that
the area proposed to be leased is inconsistent
with the standards in G.S. 113-202 (a) and 15A
NCAC 30 .0201, the Division shall notify the
applicant who may then amend the application
to exclude the inconsistencies. If the boundaries
of the proposed leasehold are modified, the stakes
shall be moved accordingly by the applicant.
(b) If the initial or amended lease application
is deemed consistent with all applicable require-
ments, the Secretary or his designee shall notify
the applicant via first class mail and shall publish
at least two notices of intention to lease in a
newspaper of general circulation in the county
or counties in which the proposed leasehold lies.
The first publication must precede by more than
20 days the meeting of the Marine Fisheries
Commission at which the granting of the lease
or renewal of the lease is to be considered; the
second publication must follow the first by 7 to
1 1 days. The notice of intention will include:
( 1 ) A description of the area:
92
5:1 \ORTH C A ROLLS' A REGISTER April 2, 1990
PROPOSED RULES
(2) The date and location of the Commission
meeting at which the lease will be consid-
ered, and
(3) A statement of the Division's determi-
nation regarding consistency with the ap-
plicable requirements.
(c) When an applicant has been notified under
(a) of this Rule that the Division considers the
application inconsistent with applicable stand-
ards and the applicant does not amend the ap-
plication to make it consistent, the Division shall
recommend to the Commission that the applica-
tion be denied or that a conditional lease be is-
sued which is consistent with the applicable
standards. After receipt of an applicant's re-
sponse to a notice of inconsistency, stating that
no amendment of the application will be made,
the Division shall publish at least two notices of
the request for a lease in accordance with (b) of
this Rule.
(d) 1 he Marine Fisheries Commission shall
consider the lease application, the Division's de-
termination, and any public comments and may
in its discretion lease or decline to lease the area
of public bottom, or any part of the area, in ac-
cordance with its duty to conserve the marine
and estuarine resources of the state. The Com-
mission may impose special conditions on leases
so that leases may be issued which would other-
wise be denied. Should an applicant decide not
to accept any special condition imposed on the
lease by the Commission, the application shall
be considered denied. The applicant will be no-
tified of any action within a reasonable time.
(e) Upon approval of the lease by the Com-
mission, the applicant shall define the bounds of
the area approved for leasing with markers in
accordance with 1 5A NCAC 30 .0204 and shall
within 90 days, submit to the Division a survey
of the area approved for leasing. The survey will
be made at the applicant's expense and must
meet the following standards:
(1) The survev and map shall meet all the re-
quirement's of 21 NCAC 56 .1600, Stand-
ards of Practice for Land Surveying in
North Carolina.
(2) The map shall bear the certificate:
"I certify
that this map was (drawn by me) (drawn
under my supervision) from (an actual
survey made by me) (an actual survey
made under my supervision): that the er-
ror of closure as calculated by latitudes
and departures is 1: .
Witness my hand and seal this
dav of AD
Surveyor or Hngineer
(3) The phrase "other appropriate natural
monuments or landmarks" in 21 NCAC
56 .1604(e)(9) shall include bridges, roads
and highways; publicly maintained aids to
navigations; houses and other permanent
buildings radio, telephone, TV, and water
towers; and docks; piers, and bulkheads;
but does not include stakes marking the
boundaries of adjoining leases, points of
marsh, junctions of streams, or other
landmarks which are particularly subject
to change through natural processes,
storms, or the effect of man.
(f) After the Division has deemed a survey ac-
ceptable, the applicant shall pay all fees and rents
due in advance. The Secretary shall then execute
the lease on forms approved by the Attorney
General .
(g) If the applicant and the Division are unable
to agree that the area approved for lease is that
shown in the survey, the Division shall report the
matter with reasonable dispatch to the Marine
Fisheries Commission for resolution.
(h) Until a lease has been executed by the
Secretary, the area proposed for leasing remains
public bottom and any member of the public
may harvest the shellfish found growing within
the area in a manner consistent with all other
rules that are applicable to the harvest of shellf-
ish.
Statutory Authority G.S. 113-134; 113-182;
1 13-201'; 113-202; 143B-2S9.4.
.0204 MARKING SHELLFISH LEASES AND
FRANCHISES
(a) All shellfish leases and franchises shall be
marked by:
(1) Stakes at least three inches in diameter at
the water level and extending at least four
feet above the high water mark. The
stakes shall be firmly jetted or driven into
the bottom at each corner.
(2) Signs displaying the number of the lease
or franchise and the name of the owner
printed in letters at least three inches high
must be firmly attached to each corner
stake.
(3) Supplementary stakes, not farther apart
than 50 yards or closer together than 50
feet and extending at least four feet above
the high water mark, must be placed along
each boundary, except when such would
interfere with the use of traditional navi-
gation channels.
5:1 SORTH CAROLINA REGISTER April 2, 1990
93
PROPOSED RULES
(b) Stakes marking areas of management within
leases or franchises, as approved in the manage-
ment plan, must conform to Subparagraph (a)(3)
of this Rule and may not exceed one for each
1,200 square feet. Marking at concentrations of
stakes greater than one for each 1 ,200 square feet
constitutes use of the water column and a water
column lease is required in accordance with G.S.
113-202.1.
(c) All areas claimed in filings made pursuant
to G.S. 1 13-205 as deeded bottoms through oy-
ster grants issued by the county clerk of court or
as private bottoms through perpetual franchises
issued by the Shellfish Commission shall be
marked in accordance with (a) of this Rule, ex-
cept the sign shall include the number of the
grant or deed rather than the number of the lease.
However, claimed areas not being managed and
cultivated shall not be marked.
(d) It is unlawful to fail to remove all stakes,
signs, and markers within 30 days of receipt of
notice from the Secretary pursuant to Depart-
mental Rule I5A NCAC 1H .0207 that the G.S.
113-205 claim to the marked area has been de-
nied.
(e) The Division has no duty to protect any
shellfish lease or franchise not marked in accord-
ance with Paragraph (a) of this Rule.
Statutory Authority G.S. 76-40; 113-134; 113-
182; 113-201; 113-202; 113-202.1; 113-205;
143B-289.4.
.0205 RENEWAL
(a) bach lessee shall receive renewal applica-
tions from the Division in January of the year in
which the lease is to expire. Application for re-
newal should be made before April 1 .
(h) bach renewal application shall be accom-
panied b\ a management plan that meets the re-
quirements of 15A NCAC 30 .0202 (d) and a
map or diagram that meets the requirements of
15A NCAC 30 .0202(b).
(c) The renewal application and management
plan must be returned to the Division address
given in 15A NCAC 30 .0202 (a) accompanied
by a filing fee of fifty dollars ($50.00).
(d) When the Division determines that the area
shown in the map or diagram is inconsistent with
the area leased to the renewal applicant, the Di-
vision shall request that the Marine Fisheries
Commission require the area be surveyed prior
to renewal of the lease at the applicant's expense.
(e) When the Secretary determines, after due
notice to the lessee, and after opportunity for the
lessee to be heard, that the lessee has not com-
plied with the requirements of this Section or
that the lease as issued is inconsistent with this
Section, the Secretary may decline to renew, at
the end of the current terms, any oyster or clam
bottom lease.
(f) The lessee may appeal the denial of the
Secretary to renew a lease to the Marine Fisheries
Commission pursuant to G.S. 113-202(p).
(g) If the Secretary declines to renew a lease
that has been determined to be inconsistent with
the standards of this Section, the Secretary, with
the agreement of the lessee, may issue a renewal
lease for all or part of the area previously leased
to the lessee that contains conditions necessary
to conform the renewal lease to the minimum
requirements of this Section for new leases.
Statutory Authority G.S. 113-134; 1/3-201;
113-202: 143B-2S9.4.
.0206 F'ROTEST
(a) Should any object to the granting of any
initial or renewal lease, he has the right to protest
its issuance prior to the granting of the lease by
the Commission.
(b) The protestant may file a sworn statement
of protest with the Division stating the grounds
for protest.
(c) The Secretary will notify both the prospec-
tive lessee and the protestant upon receipt of a
protest, and will conduct such investigation as
he deems necessary, and will notify both parties
of the outcome of his investigation.
(d) .Any member of the public shall be allowed
an opportunity to comment on any lease appli-
cation during the public hearing at which the
lease application is being considered by the
Commission.
Statutory Authority G.S. 113-134; 113-201;
1/3-202: 143B-289.4.
.0207 PRODI CTION REPORTS
(a) The owner of each shellfish lease or fran-
chise must file with the Division an annual pro-
duction report showing the amounts ol material
planted and harvested in connection with man-
agement for commercial production. Reporting
forms will be provided to owners of leases and
franchises by the Division during the period an-
nual notices of rent due are provided to lessees
in accordance with G.S. I13-202(j).
(b) failure to furnish the required production
report, correct and in detail requested, or filing a
report containing false information, can consti-
tute grounds for tennination.
Statutory Authority G.S. 1/3-/34: 1/3-182;
113-20/': 113-202; 143B-289.4.
"J
5:1 SORTH CAROLISA REGISTER April
1990
PROPOSED RULES
.0208 CANCELLATION
(a) In addition to the grounds established by
G.S. 113-202, the Secretary will begin action to
terminate leases for failure to produce and market
at least 25 bushels of oysters and/or clams per
acre per year, averaged over the most recent
three-year period after January 1 following the
second anniversary of an initial lease and
throughout the term of a renewal lease.
(b) Action to terminate a shellfish franchise
shall begin when there is reason to believe that
the patentee, or those claiming under him, have
done or omitted an act in violation of the terms
and conditions on which the letters patent were
granted, or have by any other means forfeited the
interest acquired under the same. The Division
shall investigate all such rights issued in perpetu-
ity to determine whether the Secretary should
request that the Attorney General initiate an ac-
tion pursuant to G.S. 146-63 to vacate or annul
the letters patent granted by the state.
(c) In the event action to terminate a lease or
franchise is begun, the owner shall be notified by
registered mail and given a period of 30 days in
which to correct the situation. Petitions to re-
view the Secretary's decision must be filed with
the Office of Administrative I Iearings consistent
with the provisions of 26 NCAC Chapter 3. The
owner may appeal the Secretary's decision to
terminate to the Marine Fisheries Commission
as set out in G.S. 113-202(p).
Statutory Authority G.S. 113-134; 113-201;
113-202; 143B-289.4.
.0209 TRANSFER OF INTEREST
(a) Within 30 days after transfer of ownership
of all or any portion of interest in a shellfish lease
or franchise, the new owner shall notify the Di-
vision, at the address given in 15A NCAC 30
.0202 (a), and provide the number of the lease
or franchise and the county in which it is located.
Such notification shall be accompanied by a
management plan prepared by the new owner in
accordance with the standards in 15A NCAC 30
.0202(d).
(b) If the new owner obtains a portion of an
existing lease or franchise, it shall not contain less
than one acre and the required notification to the
Division shall be accompanied by a survey pre-
pared in accordance with the standards in 15A
NCAC 30 .0203 (e).
(c) In the event the transferee involved in a
lease is a nonresident, the Secretary' must initiate
termination proceedings.
Statutory Authority G.S. 113-134; 113-/82;
1/3-201'; 113-202; 113-205; I43B-2S9.4.
.0210 SHELLFISH FRANCHISES
(a) The resolution of claims filed under G.S.
113-205 are governed by standards in Depart-
mental Rules 15A NCAC III .0200 and .0300.
For a claim that has been recognized as a valid
shellfish franchise, the owner shall provide to the
Division within 90 days:
(1) A survey prepared in accordance with the
standards in 15A NCAC 30 .0203(e), and
(2) A management plan prepared in accord-
ance with the standards in 15A NCAC 30
.0202(d).
(b) Acceptable management plans shall be
provided at ten-year intervals following accept-
ance of a mangement plan submitted in accord-
ance with Subparagraph (a)(2) of this Rule.
(c) The survey and management plan require-
ments in Paragraphs (a) and (b) of this Rule, and
all other requirements and conditions of this
Section affecting management of franchises, shall
apply to all valid shellfish franchises recognized
prior to September 1, 1989.
(d) Commercial production requirements for
franchises shall be identical to that required for
leases in 15A NCAC 30 .0201(b) averaged over
the most recent three-year period after January 1
following the second anniversary of the dates of
recognition of claims as valid shellfish franchises
and continuing throughout the term of manage-
ment plans required in Paragraph (b) of this
Rule. Annual reporting of commercial pro-
duction shall be submitted upon receipt of forms
provided by the Division for that purpose.
Statutory Authority G.S. 113-/34;
1/3-202; 113-205; I43B-289.4.
113-201;
SUBCHAPTER 3P - HEARING PROCEDURES
.0001 LICENSE/PERMIT DENIAL:
INFORMAL HEARING PROCEDURES
(a) If the Division decides to deny or limit a
renewal of a license or permit for an activity of a
continuing nature, the license sought to be re-
newed will continue in effect as provided in G.S.
150B-3.
(b) Except in cases where G.S. 113-166 is ap-
plicable, before the Division may commence
proceedings for suspension, revocation, annul-
ment, withdrawal, recall, cancellation, or amend-
ment of a license or permit, notice will be given
to the license or permit holder notifying him that:
(1) He may request an opportunity to show
compliance with all lawful requirements
for retention of the license in an informal
meeting with Division personnel respon-
se NORTH CAROLINA REGISTER April 2, 1990
95
PROPOSED RULES
sible for the initiation of the action to re-
voke the license: and
(2) He has a right through filing a request for
a contested case hearing in the Office of
Administrative Hearings to an adminis-
trative law judge and a final agency deci-
sion by the Marine Fisheries Commission,
(c) Any requests for an informal meeting or
administrative hearing shall be made to the per-
son designated in the notice.
id i The Division may order summary suspen-
sion of a license or permit if it finds that the
public health, safety, or welfare requires emer-
gency action. Upon such determination the
fisheries Director will issue an order giving the
reasons for the emergency action. The effective
date of the order shall be the date specified on the
order or the date of service of a certified copy of
the order at the last known address of the license
or permit holder whichever is later.
( e } When a license is summarily suspended and
a request is made for an informal meeting or a
hearing, the proceeding shall be promptly com-
menced and determined.
Statutory Authority G.S. 113-134; 113-151;
113-166: 1 50B- 23.
.0002 CONTESTF.D CASE HEARING
PROCEDURES
(a) Administrative hearings shall be held in ac-
cordance with G.S. 150B. and the administrative
hearing procedures codified at 1 5A NC AC 1 B
.0200 et seq.. are hereby adopted by reference
pursuant to G.S. 150B- 14(c).
(b) Copies of 15A NCAC IB .0200 may be
inspected in the offices of the Division of Marine
fisheries. 3411 Arendell Street, Morehead City.
North Carolrna 2S557. Copies may also be in-
spected in the Division of Planning and Assess-
ment. 512 North Salisbury Street. Sth Floor,
Archdale Building. Raleigh. North Carolina
2761 1. Copies may be obtained at the previous
locations or from the Rules Division of the N.C.
Office of Administrative Hearings.
Statutory Authority G.S. 113-134: 143B-289.4.
SUBCHAPTER 3Q -JURISDICTION OF
AGENCIES: CLASSIFICATION OF WATERS
SECTION .0100 - GENERAL REGl LATIONS:
JOINT
.0101 SCOPE AND PURPOSE
The following rules pertain to the classification
of the waters of North Carolina as coastal fishing
waters, inland fishing waters and joint fishing
waters. These rules are adopted jointly by the
Marine Fisheries Commission and the Wildlife
Resources Commission. In addition to the clas-
sification of the waters of the state these joint
rules set forth guidelines to determine which
fishing activities in joint waters are regulated by
the Marine Fisheries Commission and which are
regulated by the Wildlife Resources Commission.
Finally, the joint rules set forth special fishing
regulations applicable in joint waters that can be
enforced by officers of the Division of Marine
Fisheries and the Wildlife Resources Commis-
sion. These regulations do not affect the juris-
diction of the Marine Fisheries Commission and
the Wildlife Resources Commission in any mat-
ters other than those specifically set out.
Statuion Authority G.S. 113-132: 113-134:
143B-289.4.
.0102 INLAND FISHING WATERS
Inland fishing waters are all inland waters except
private ponds; and all waters connecting with or
tributary to coastal sounds or the ocean extend-
ing inland from the dividing line between coastal
fishing waters and inland fishing waters agreed
upon by the Marine Fisheries Commission and
the Wildlife Resources Commission. All waters
which are tributary to inland fishing waters and
which are not otherwise designated by agreement
between the Marine Fisheries Commission and
the Wildlife Resources Commission are inland
fishing waters. The regulation and licensing of
fishing in inland fishing waters is under the juris-
diction of the Wildlife Resources Commission.
Regulations and laws administered by the Wild-
life Resources Commission regarding fishing in
inland fishing waters are enforced by wildlife en-
forcement officers.
Statutory Authority G.S. 113-132: 113-134:
143B-2S9.4.
.0103 COASTAL FISHING WATERS
Coastal fishing waters are the Atlantic Ocean:
the various coastal sounds; and estuarine waters
up to the dividing line between coastal fishing
waters and inland fishing waters agreed upon by
the Marine Fisheries Commission and the Wild-
life Resources Commission. All waters which
are tributary to coastal fishing waters and which
are not otherwise designated by agreement be-
tween the Marine Fisheries Commission and the
Wildlife Resources Commission are coastal fish-
ing waters. The regulations and licensing of
fishing in coastal fishing waters is under the ju-
risdiction of the Marine Fisheries Commission;
except that inland game fish (exclusive of spotted
seatrout. weaklish. and striped bass) are subject
96
5:1 .XORTH CAROLLXA REGISTER April 2, 1990
PROPOSED RULES
to regulations by the Wildlife Resources Com-
mission in coastal fishing waters. Regulations
and laws administered by the Marine Fisheries
Commission regarding fishing in coastal waters
are enforced by fisheries enforcement officers.
Regulations regarding inland game fish in coastal
fishing waters are enforced by wildlife enforce-
ment officers unless otherwise agreed to by the
Wildlife Resources Commission.
Statutory .
143B-289.4.
iuthority G.S. 113-132; 113-134;
.0104 JOINT FISHING WATERS
Joint fishing waters are those coastal fishing
waters, hereinafter set out, denominated by
agreement of the Marine Fisheries Commission
and the Wildlife Resources Commission pursu-
ant to G.S. 113-1 32(e) as joint fishing waters.
All waters which are tributary' to joint fishing
waters and which are not otherwise designated
by agreement between the Marine Fisheries
Commission and the Wildlife Resources Com-
mission are classified as joint fishing waters. The
regulation and licensing of fishinu in joint waters
shall be as stated in 15A NCAC 3Q .0106.
Statutory .Iuthority G.S.
I43B-289.4.
113-132; 113-134;
.0105 POSTING DIVIDING LINES
The dividing lines of all major bodies of water
and watercourses which are divided by the
agreement of the Marine Fisheries Commission
and the Wildlife Resources Commission so that
portions of the same are constituted inland fish-
ing waters, coastal fishing waters, or joint fishing
waters shall be marked with signs in so far as may
be practicable. Unmarked and undesignated tri-
butaries shall have the same classification as the
designated waters to which they connect or into
which they flow. No unauthorized removal or
relocation of any such marker shall have the ef-
fect of changing the classification of any body of
water or portion thereof, nor shall any such un-
authorized removal or relocation or the absence
of any marker affect the applicability of any reg-
ulation pertaining to any such body of water or
portion thereof.
Statutory Authority G.S. 113-132; 113-134;
I43D-289.4.
.0106 APPLICABILITY OF RULES: JOINT
WATERS
(a) All coastal fishing laws and regulations ad-
ministered by the Department of Fnvironment,
Health, and Natural Resources and the Marine
Fisheries Commission apply to joint waters ex-
cept as otherwise provided, and shall be enforced
by fisheries enforcement officers.
(b) The following inland fishing laws and reg-
ulations administered by the Wildlife Resources
Commission apply to joint waters and shall be
enforced by wildlife enforcement officers:
(1) all laws and regulations pertaining to in-
land game fishes,
(2) all laws and regulations pertaining to in-
land fishing license requirements for hook
and line fishing,
(3) all laws and regulations pertaining to hook
and line fishing except as hereinafter pro-
vided.
Statutory Authority G.S.
143B-2S9.4.
113-132; 113-134;
.0107 SPECIAL RILES: JOINT WATERS
In order to effectively manage all fisheries re-
sources in joint waters and in order to confer
enforcement powers on both fisheries enforce-
ment officers and wildlife enforcement officers
with respect to certain regulations, the Marine
Fisheries Commission and the Wildlife Re-
sources Commission deem it necessary to adopt
special regulations for joint waters. Such regu-
lations supersede any inconsistent regulations of
the Marine Fisheries Commission or the Wildlife
Resources Commission that would otherwise be
applicable in joint waters under the provisions
of 15A NCAC 3Q .0106:
( 1) Striped bass
(a) It is unlawful to possess any striped bass
or striped bass hybrid taken by any means
which is less than 16 inches long (total
length).
(b) It is unlawful to possess more than three
striped bass or striped bass hybrids taken
by hook and line in any one day from
joint waters.
(c) It is unlawful to engage in net fishing for
striped bass or striped bass hybrids in
joint waters except as authorized by duly
adopted rules of the Marine Fisheries
Commission.
(2) Lake Mattamuskeet
(a) It is unlawful to set or attempt to set any
gill net in Lake Mattamuskeet canals des-
ignated as joint waters.
(b) It is unlawful to use or attempt to use any
trawl net or seines in Lake Mattamuskeet
canals designated as joint waters.
(3) Cape Fear River. It is unlawful to use or
attempt to use any net or net stakes within
800 feet of the dam at Lock No. 1 on the
Cape Fear River.
5:1 NORTH CAROLINA REGISTER April 2,1990
97
PROPOSED RULES
Statutory Authority
I43B-289.4.
G.S. 113-131
113-134;
SECTION .0200 - BOUNDARY LINES:
COASTAL-JOINT-INLAND FISHING WATERS
.0201 SPECIFIC CLASSIFICATION OF
WATERS
The several sounds and estuarine and tributary
waters all or portions of which are specifically
classified as inland, joint, or coastal fishing waters
by agreement of the Marine Fisheries Commis-
sion and the Wildlife Resources Commission are
listed in the following regulations under the
coastal counties in which such waters or portions
thereof are located. Indentation indicates the
watercourse named is tributary to the next pre-
ceding watercourse named and not so indented.
Where a watercourse is divided into more than
one class, the dividing point or portions are de-
scribed and the waters upstream, downstream,
or between are stated as above or below. The
classifications of the waters or designated por-
tions thereof are indicated by the following sym-
bols:
Inland fishing waters I
Joint fishing waters J
Coastal fishing waters C
Statutory Authority
I43B-2S9.4.
G.S. 113-132; 113-134;
.0202 DESCRIPTIVE BOUNDARIES
(a) Beaufort County
Pamlico-Tar River — Inland Waters
above, Coastal
Waters below
- N and S RR
- bridge at
Washington
All Man- Made tributaries, except Atlantic
Intracoastal Waterway --- J
Puimo River Inland Waters
...... above US 264
-bridge at
— — Lecchville, Joint
Waters below
us 264 bridge
at Leechville
- to Smith Creek,
- Coastal Waters
below Smith
Creek
Flax Pond Bay — - C
Upper Dowery Creek -I
Lower Dowery Creek - I
George Best Creek C
Toms Creek — - C
Pantego Creek — --- -I
Pungo Creek Inland Waters
above, Coastal
Waters below
- --NC 92 bridge
Vale Creek -- I
Scotts Creek 1
Smith Creek -- 1
Woodstock (Little) Creek 1
Jordan Creek — I
Satterwaite Creek 1
Wright Creek - —I
North Creek J
St. Clair Creek 1
Mixons Creek 1
Bath Creek -I
Duck Creek 1
Mallards Creek— 1
Upper Goose Creek 1
Broad Creek 1
Herring Run (Runyan Creek) 1
Chocowinity Bay 1
Calf Tree Creek -- 1
Hills Creek - —I
Blounts Creek — I
Nevil Creek I
Barris Creek 1
Durham Creek- I
Lees Creek 1
Hudies Gut 1
South Creek-- Inland Waters
— — above, Coastal
Waters below
— Deephole Point
Tooleys Creek 1
Drinkwater Creek 1
Jacobs Creek - -- - 1
Jacks Creek 1
Whitehurst Creek 1
Little Creek 1
Short Creek 1
Long Creek --- 1
Bond Creek 1
Muddy Creek 1
Davis Creek I
Strawhorn Creek --I
Lower Goose Creek C
Lower Spring Creek 1
Peterson Creek — I
Snode Creek - I
Campbell Creek Inland Waters
— above, Coastal
- — — Waters below
- Smith Creek
Smith Creek - 1
Hunting Creek — I
(b) Bertie County
Albemarle Sound - C
9S
5:1 NORTH CAROLINA REGISTER April 2,1990
PROPOSED RULES
All Man-Made Tributaries J
Roanoke River Joint Waters
- below US 258
bridge to mouth
Quinine --I
Wire Gut-— 1
Apple Tree Creek 1
Indian Creek 1
Coniott Creek - 1
- Conine Creek J
Old Mill Creek-— - 1
Cut Cypress Creek - I
Broad Creek 1
Thoroughfare --J
Cashie River - Inland Waters
--- above San Souci
ferry Joint Waters
below San Souci
-- fern' to mouth
Cashoke Creek 1
Moores Creek -- 1
Broad Creek I
Grinnel Creek 1
Middle River J
Eastmost River - - J
Mud Gut- I
Black Walnut Swamp 1
Salmon Creek I
Chowan River Joint Waters
from confluence
to 300 yds below
US 17 bridge
Barkers Creek 1
Willow Branch — - -I
Keel (Currituck) Creek 1
(c) Bladen County
Cape Fear River--- Inland Waters
above Lock and
Dam No. 1 Joint
Waters below
1 ock and Dam
Xo. i t0 old US
17- 74- 76 bridge
at Wilmington
Natmore Creek -I
(d) Brunswick County
Calabash River and Tributaries C
Saucepan Creek — C
Flat Marsh- C
Shallottc River Inland Waters
.. above. Coastal
---Waters below
— - - US- 17- 130
Mill Dam Branch C
Squash Creek C
Mill Pond C
Charles Branch Inland Waters
- - above, Coastal
Waters below
\C 130 bridge
Grisset Swamp - — C
Little Shallotte River
and Tributaries C
Lockwood Folly River -Inland Waters
— above, Coastal
Waters below
— - - NC 211 bridge
at Supply
Stanberry Creek C
Pompeys Creek C
Maple Creek- C
Ruby's Creek C
Big Doe Creek C
Lennons Creek C
Mercers Mill Pond Creek -Inland Waters
above, Coastal
Waters below
Mill
Elizabeth River C
Ash Creek - -C
Beaverdam Creek C
Dutchman Creek C
Calf Gully Creek C
Jumpin Run- - - C
Fiddlers Creek C
Cape I ear River-
-Joint Waters
-below Lock and
-Dam No. 1 to
-old US 17-74-76
-bridge at
-Wilmington
-Coastal Waters
-below old
-US 17-74-76
-bridge at
-Wilmington
Carolina Power and Light
Intake Canal --- C
Walden Creek C
Orton Creek
Lilliput Creek —
Sandhill Creek
Town Creek
Mallory Creek - - -
Brunswick River J
Alligator Creek ---
Jackeys Creek
Sturgeon Creek
Cartwheel Creek --- --
Indian Creek
Hood Creek
Northwest Creek
(e) Camden County
Albemarle Sound C
All Man-Made Tributaries J
Pasquotank River --Inland Waters
5:1 NORTH CAROLINA REGISTER April 2, 1990
99
PROPOSED RULES
-above, Joint
Waters below
- — US 158 bridge
at Elizabeth City
Raymond Creek 1
Portohonk Creek 1
Areneuse Creek 1
North River— -Inland Waters
above, Joint
— —Waters below a
line from Long
Creek to Green
Island Creek
Wading Gut 1
Little Broad Creek 1
Broad Creek - --I
Iluntina Creek 1
Abel Creek —I
Back Landing Creek 1
Publrc Creek^ - - I
Cow Creek I
Great Creek-- 1
Indiantown Creek 1
(f) Carteret County
Neuse River C
Adams Creek C
Back (Black) Creek- -C
Cedar Creek C
Garbacon Creek C
South River Inland Waters
above, Coastal
- --Waters below
the Porks
Big Creek C
Southwest Creek C
West Pork - I
Past Pork - --- I
Pastman Creek C
Browns Creek -C
North River and Tributaries C
Panter Cat Creek — - — C
Cypress Creek C
Newport River Inland Waters
above, Coastal
Waters below
the Narrows
Core Creek C
I Iarlowe Creek C
Bogue Sound and Tributaries -- C
White Oak River Inland Waters
—above. Coastal
Waters below
Grants Creek
Pettiford Creek - Inland Waters
above. Coastal
Waters below
- - — NC 58 bridge
I ittle Hadnotts Creek I
Hadnotts Creek -Inland Waters
above, Coastal
Waters below
„„NC 58 bridge
Neds Creek C
Hunter Creek 1
(g) Chowan County
Albemarle Sound -C
All Man-Made Tributaries J
Yeopim River Inland Waters
above. Joint
Waters below
- Norcum Point
Queen Anne Creek 1
Pollock Swamp (Pembroke Creek) — I
Chowan River Joint Waters
from confluence
--to 300 vds below
— - - US 17 bridge
Rocky Hock Creek -I
Dillard (Indian) Creek 1
Stumpy Creek 1
Catherine (Warwick) Creek 1
(h) Columbus County
Cape Fear River J
Livingston Creek 1
Waymans Creek 1
(i) Craven County
Neuse River- Inland Waters
above Pitch
— Kettle Creek
Joint Waters
below Pitch
Kettle Creek to
._LS 17 bridge
__at New Bern
Coastal Waters
below US 17
bridge at
— \ew Bern
Adams Creek - - C
Back Creek -- - C
Courts Creek — 1
Long Branch — 1
Clubfoot Creek — C
Gulden Creek -- C
Mitchell Creek - C
Morton Mill Pond 1
Hancock Creek - 1
Slocum Creek — I
Scott Creek 1
Trent River - Inland Waters
— -above. Joint
Waters below
Wilson's Creek
Brice Creek 1
Wilson Creek 1
Jack Smith Creek 1
100
5:1 XORTH CAROLLXA REGISTER April 2, 1990
PROPOSED RULES
Bachelor Creek
Dollys Gut -
Greens Thoroughfare
Greens Creek --
Turkey Quarter Creek
Pitch Kettle Creek -
Taylors Creek
Pine Tree Creek —
Stumpy Creek
Swift ('reek —
Reels Creek
Mill Creek -- - -
Duck Creek
Northwest Creek
Upper Broad Creek Inland Waters
above, Coastal
-- Waters below
the Tidelands
EMC power lines
(j) Currituck County
Albemarle Sound C
All Man-Made Tributaries J
North River Inland Waters
- - -above, Joint
--- Waters below a
— line from Long
Creek to Green
Island Creek
Duck Creek I
Barnett Creek 1
Lutz Creek- - I
Goose Pond - 1
Deep Creek 1
Narrow Ridges Creek 1
Bump Landing Creek 1
Taylor Bay —J
Intracoastal Waterway from
Taylor Bay to
Coinjock Bay J
Indiantown Creek -- 1
Currituck Sound J
All Man- Made 'Tributaries —J
Coinjock Bay --.I
Nelson (Nells) Creek 1
Hog Quarter Creek 1
Parkers Creek 1
North landing River .1
Northwest River — I
Gibbs Canal 1
lull Creek 1
West Landing I
(k) Dare County
Alligator River ---Joint Waters
below Cherry
Ridge I anding
to OS 64
- — - bridge Coastal
--- - Waters below
US 64 bridge
Whipping Creek — 1
Swan Creek I
Milltail Creek 1
Laurel Bay Lake (Creek) - I
Last Lake 1
Albemarle Sound C
All Man-Made Tributaries J
Kitty Hawk Bay J
Peter Mashoes Creek - 1
Tom Mann Creek 1
Croatan Sound C
All Man-Made Tributaries J
Spencer Creek — --I
Calahan Creek — I
Roanoke Sound --- --- C
Buzzard Bay J
Pamlico Sound — C
Stumpy Point Bay —C
All Man-Made Tributaries- —J
Long Shoal River — Inland Waters
above, Coastal
--- Waters below
IS 264 bridge
All Man-Made Tributaries J
Pains Bay — C
Pains Creek Inland Waters
above, Coastal
Waters below
- US 264 bridge
Deep Creek - Inland Waters
---above, Coastal
Waters below
(js 264 bridge
Currituck Sound J
All Man-Made Tributaries J
Martin Point Creek --I
(1) Gates County
Chowan River --Joint Waters
from confluence
to 3()() V(js below
(js 17 bridge
Catherine (Warwick) Creek
Bennetts ("reek
Beef Creek
Sarem Creek
Shingle (Island) Creek
Barnes Creek
Spikes Creek -
Buckhorn Creek (Run Off Swamp) -
Mud Creek
Somerton Creek
(in) Halifax County
Roanoke Riser - Inland Waters
above US 258
bridge Joint
Waters to mouth
Kchukee Swamp--- 1
5:1 NORTH CAROLINA REGISTER April
1 990
101
PROPOSED RULES
Clarks Canal - —I
(n) Hertford County
Chowan River Joint Waters
from confluence
— —to 300 yds below
-— — US 17 bridge
Keel (Currituck) Creek —
Snake Creek
Swain Mill (Taylor Pond) Creek
Goose Creek - —
Wiccacon River — -
Hodges Creek
Catherine Creek-- ---
Harris (Hares) Mill Creek
Meherrin River J
Potecasi Creek --
Sallie Gut
Mapleton Gut
I iverman Creek- -
Vaughan's Creek
Banks Creek
Toms Gut
Sudd Grass Creek
Forked Gut — -
Riddicksville Gut
Buckhorn Creek
Warrens Gut
(o) Hyde County
Pamlico Sound - - - C
Pungo River Inland Waters
--- above US 264
bridge at
Leechville, Joint
Waters below
US 264 bridge
at Leechville
— -- -- to Smith Creek,
Coastal Waters
below Smith
- — — —Creek
Rutman Creek --- 1
Wilkerson Creek 1
Atlantic Intracoastal Waterway
from Wilker>on Creek to
Alligator River at
Winn Bay -J
Horse Island Creek 1
Tarkiln Creek 1
Scranton Creek Inland Waters
—above. Joint
Waters below
US 264 bridge
Smith Creek -I
Fishing Creek 1
Slades Creek C
Fortesque Creek C
Rose Bav - C
Seals Creek C
Deep Creek C
Reden Creek C
Rose Bay Creek-— - C
Rose Bay Canal Inland Waters
above. Joint
— Waters below
- - - — SR 1305 bridge
Swan Quarter Bay C
Oyster Creek C
Juniper Bay --C
Juniper Bay Creek J
Juniper Bay Creek Canal 1
Lake Mattamuskeet I
Outfall Canal Inland Waters
above, Joint
Waters below
—US 264 bridge
Fake Landing Canal — Inland Waters
-above. Joint
Waters below
US 264 bridge
Waupopin Canal Inland Waters
-- above. Joint
- Waters below
- - SR 1311 bridge
All other Man-Made
Tributaries to
Lake Mattamuskeet I
Middletown Creek — C
Long Shoal River Inland Waters
above, Coastal
-- — Waters below
US 264 bridge
All Man-Made Tributaries J
Broad Creek C
Flag Creek 1
Cumberland Creek - — I
Alligator River —-Inland Waters
above Cherry
- Ridge I anding,
— Joint Waters
below Cherry
Ridge Landing
to US 64 bridge
Swan Creek and I ake I
Alligator Creek I
(p) Martin County
Roanoke River J
Prices Gut 1
Rainbow Gut I
Conoho Creek — I
Sweetwater Creek 1
Peter Swamp - — I
Devils Gut J
Upper Deadwater J
I ower Deadwater J
Gardner Creek - I
Roses Creek I
102
5:1 XORTH CAROLISA REGISTER April 2, 1990
PROPOSED RULES
Welch Creek -- 1
(q) New Hanover County
Cape Fear River— - -Joint Waters
below Lock and
Dam Mo. i to
old US 17-74-76
- — bridge at
_ Wilmington Coastal
Waters below
old LIS 17-74-76
-bridge at
Wilmington
Lords Creek - -I
Todds Creek — 1
Barnards Creek I
Greenfield Lake Outlet I
Tommer ("reek -I
Catfish Creek 1
Northeast Cape Fear River--Inland Waters
- — above, Joint
Waters below
NC 210 bridge
Smiths Creek - 1
Ness Creek - —I
Dock Creek 1
Fishing Creek — 1
Prince George Creek - ---I
Sturgeon Creek - -1
Island Creek --- 1
(r) Northampton County
Roanoke River Inland Waters
—above US 258
— bridge Joint
Waters below
^S 258 bridge
Sandy Run (Norfleet Gut) I
Graveyard Gut - ---I
(s) Onslow County
Beasleys (Barlow) Creek C
Kings Creek C
Turkey Creek — — C
Mill Creek C
New River-- Inland Waters
above, Coastal
_ Waters below
US 17 bridge at
Jacksonville
Wheeler Creek C
Everett Creek C
Stones Creek C
Muddy Creek - - -C
Lewis Creek C
Southwest Creek-- — Inland Waters
-- -- --above, Coastal
Waters below
Maple ] |,il
- — (Maple) Landing
Brinson Creek I
Northeast Creek — Inland Waters
above, Coastal
Waters below
railroad bridge
Wallace Creek Inland Waters
above, Coastal
_ Waters below
--- -- the first bridge
upstream from
thc mouth
Codels Creek 1
French Creek - 1
Duck Creek - 1
Freeman (Browns) Creek C
Bear Creek C
Queens Creek Inland Waters
above, Coastal
Waters below
— Frazier's Landing
Parrotts Swamp- C
White Oak River Inland Waters
— ---above, Coastal
Waters below
Grants Creek
Stevens Creek C
Holland Mill (Mill Pond) Creek C
Webbs Creek — — Inland Waters
— above, Coastal
Waters below
railroad bridge
Freemans Creek -- 1
Calebs Creek — I
Grant's Creek — — I
(t) Pamlico County
Pamlico River — Inland Waters
above, Coastal
Waters below
R and S RR
bridge at
Washington
Lower Goose Creek C
Dixons Creek C
Patons Creek C
Wilson Creek C
Fastham Creek Inland Waters
above, Coastal
Waters below
cnij 0f SR 1236
Upper Spring Creek C
Intracoastal Waterway from
Upper Spring ("reek
to Gale Creek C
Oyster Creek — C
Clark Creek - C
Middle Prong— C
James Creek -C
Pamlico Sound — C
Porpoise Creek C
5:1 NORTH CAROLINA REGISTER April 2, 1990
KB
PROPOSED RULES
Drum Creek C
Bay River Inland Waters
_ -above, Coastal
— - --- Waters below
\C 55 bridge
at Bayboro
Gale Creek Inland Waters
--above, Coastal
- Waters below
NC 304 bridge
Chadwick Creek C
Bear Creek --- — C
Vandemere Creek Inland Waters
above, Coastal
Waters below
\C 304 bridge
I ong Creek C
Smith ("reek C
Chapel Creek Inland Waters
above, Coastal
--- — Waters below
- NC 304 bridge
Raccoon Creek C
Trent Creek Inland Waters
— above, Coastal
Waters below
_NC 55 bndge
Thomas Creek - 1
Masons Creek C
Moore Creek -C
Rices Creek — — C
Ball Creek C
Cabin Creek C
Riggs Creek C
Spring Creek C
Long Creek C
Neuse River— Coastal Waters
below US 17
bridge at New Bern
Swan Creek C
I ower Broad Creek C
Greens Creek C
Pittman Creek — - - C
Burton Creek C
Brown Creek — --- C
Spice Creek C
Gideon Creek - - C
Tar Creek C
Parris Creek C
Orchard Creek — C
Pierce Creek C
Whitaker Creek C
Smith Creek --- --J
Greens Creek J
Kershaw Creek — J
Dawson Creek Inland Waters
above, Coastal
--- Waters below
end 0f SR 1350
Tarkiln Creek - --- —I
Gatlin Creek — — I
Little Creek — - 1
Mill Creek 1
Beard Creek Inland Waters
above, Coastal
- - -Waters below
-end of SR 1117
Lower Duck Creek — -I
Goose Creek Inland Waters
-above, Coastal
- — - -Waters below end
of SR 1110
Upper Broad Creek Inland Waters
above, Coastal
Waters below
- Tidelands EMC
power line
(u) Pasquotank Count)
Albemarle Sound — C
All Man-Made Tributaries J
Little River Inland Waters
— above, Joint
Waters below
-- — a line from
Manston Creek
— -- to Davis Creek
Symonds Creek I
Manston Creek 1
Big Flatty Creek Inland Waters
above, Joint
Waters below
a ime from
1 ong Point
to Polly Creek
Marsh I andinn 1
Folly Creek — - 1
Pasquotank River Inland Waters
— -- - - above, Joint
Waters below
— - - -L'S 15S bridge
at Elizabeth City
I lttle Flatty Creek 1
New Begun Creek Inland Waters
above, Joint
-Waters below a
- line from the
mouth of Paling
- Creek to the
-mouth of James
- — Creek
Paling Creek I
James Creek -- - - I
Charles Creek - — I
(v) Pender County
Cape Fear River--- - J
Thoroughfare - — I
104
5:1 XORTH CAROLLXA REGISTER April 2, 1990
PROPOSED RULES
Black River- - Inland Waters
— above, Joint
_ Waters below
- — the point where
the Thoroughfare
-..joins the
Black River
Northeast Cape Fear River— Inland Waters
— above, Joint
--Waters below
NC 210 bridge
Cowpen Creek 1
Long Creek 1
Turkey Creek - --I
Old Creek 1
Honey Creek 1
Harrisons Creek I
Island Creek 1
Topsail Sound and Tributaries-- C
Beasleys (Barlow) Creek — -C
(w) Perquimans County
Albemarle Sound C
All Man-Made Tributaries — — J
Yeopim River Inland Waters
-above, Joint
Waters below
--Norcum Point
Yeopim Creek 1
Perquimans River Inland Waters
above, Joint
Waters below old
US 17 bridge
at Hertford
Walter's Creek 1
Mill Pond Creek 1
Suttons Creek 1
Jackson (Cove) Creek--- 1
Muddy Creek 1
Little River --Inland Waters
above, Joint
- Waters below
a line from
Manston Creek
to Davis Creek
Deep Creek --- -- - I
Davis Creek 1
(x) Tyrrell County
Albemarle Sound - C
All Man-Made Tributaries J
Scuppernong River Inland waters
-- above, joint
Waters below
First (Rider's)
Creek
hirst (Rider's) Creek 1
Furlough Creek — - 1
Alligator River Inland Waters
— above Cherry
Ridge Landing
Joint Waters
below Cherry
Ridi^e Landing
- to US 64
bridge Coastal
Waters below
US 54 bridge
Little Alligator River 1
Second Creek 1
Goose Creek 1
The Frying Pan J
Gum Neck Landing Ditch 1
(y) Washington County '
Albemarle Sound C
All Man-Made Tributaries J
Roanoke River Joint Waters
— - below US 258
bridge to mouth
Conaby Creek 1
Mackeys (Kendrick) Creek 1
Pleasant Grove Creek
(Cherry Swamp) 1
Chapel Swamp Creek 1
Bull Creek — - — -I
Deep Creek 1
Banton (Maybell) Creek 1
Scuppernong River 1
Statutory Authority G.S. 113-132; 113-134;
143B-286.
SUBCHAPTER 3R - DESCRIPTIVE
BOUNDARIES
.0001 SKA TURTLE SANCTUARY
The sea turtle sanctuary referenced in 15A
NCAC 31 .0007 is in the Atlantic Ocean adjacent
to Onslow County enclosed by a line, beginning
at the easternmost end of Hammocks Beach
(Bear Island) at 34° 38.4' N - 77° 07' W, and
running southeastward 1,000 feet offshore toward
the Bogue Inlet Bell Buoy (BW "BI"); thence
continuing toward the Bogue Inlet Bell Buoy
(BW "BI"); thence continuing southwest 1,000
feet offshore parallel with the ocean shoreline of
Bear Island to a point 34° 37.1' N - 77° 10.1' W
where said line intersects the northeastern edge
of that restricted zone between Bear and Browns
Inlets, designated as part of the Camp Lejeune
restricted area; thence seaward along the bound-
ary of this restricted /one to a point 34 36.7' N
- 773 00.8' W, said point being about 3 4 mile
157° M from the western end of Bear Island;
thence from said point southwest across the re-
stricted zone to a point 34a 35.1 N - 77: 13.2'
W where said line intersects the southwestern
boundary' o( the restricted zone, thence shore -
5:1 NORTH CAROLINA REGISTER April 2,1990
105
PROPOSED RULES
ward with the southwestern boundary of the re-
stricted zone to a point off the mouth of Brown's
Inlet 34° 35.6' N - 77° 13.6' W, said point being
about 1,000 feet offshore of the western shore of
Brown's Inlet; thence southwest parallel with the
ocean shoreline 1,000 feet offshore to a point 34°
34.7' N - 77; 15.1' \V, said point being about
1,200 feet 151° M from the northernmost obser-
vation tower on Onslow Beach; thence running
southeast 151° M to a point 343 34.3' N - 77°
14.7' W, said point being about 3 4 mile offshore;
thence from said buov to the southernmost tip
of Onslow Beach 34: 31.9' N - 77° 20.3' W.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0002 MILITARY RKSTKIC1 KH AREAS
(a) Designated military restricted areas refer-
enced in 15A N'CAC 31 .0010(b) and used for
military training purposes are located as follows:
( 1 ) Currituck Sound:
(A) North I anding River; and
(B) Northern part of Currituck Sound (See
33 CFR 334.410 (a) (1) and (a) (2); Con-
tact Commander Fleet Air Norfolk);
(2) Albemarle Sound:
(A) Along north shore at the easternmost
tip of Harvey Point; and
(B) Along south shore of , Albemarle Sound
(See 33 CFR 334.410 (b) (1) and (b) (2);
Contact Commander Meet Air Norfolk);
(3) Pamlico Sound:
(A) In the vicinity of long Shoal (See 33
CFR 334.410 (c); Contact Commander
Fleet Air Norfolk);
(B) In the vicinity of Brant Island (See 33
CFR 334.420 (a) (1); Contact Comman-
der Marine Corp Air Bases, Fast, Cherry
Point); and
(C) In the vicinity of Piney Island including
waters of Rattan Bay, Cedar Bay and
Turnagain Bay (See 33 CFR 334.420 (b);
Contact Commander Marine Corps Air
Bases, Fast, Cherry Point);
(4) Ncuse River and tributaries, that portion
of Neuse River within 500 feet of the
shore along the reservation of the Marine
Corps Air Station. Cherry Point, North
Carolina, extending from the mouth of
Hancock Creek to a point approximately
6,000 feet west of the mouth of Slocum
Creek, and all waters of Hancock and
Slocum Creeks and their tributaries within
the boundaries of the reservations (See ii
CFR 334.430 (a); contact Commanding
General. Fnited States Marine Corps Air
Station. Chcrrv Point):
(5) Atlantic Ocean:
(A) In the vicinity of Bear Inlet; and
(B) Fast of New River Inlet
(See 33 CFR 334.440 (a) and (d); Contact
Commanding General, Marine Corps
Base, Camp Fejeune);
(6) Brown's Inlet area between Bear Creek,
Onslow Beach Bridge and the Atlantic
Ocean (See 33 CFR 334.440 (e); Contact
Commanding General, Marine Corps
Base, Camp Fejeune);
(7) New River within eight sections:
(A) Trap Bay Sector,
(B) Courthouse Bay Sector,
(C) Stone Bay Sector,
(D) Stone Creek Sector,
(F) Grey Point Sector,
(F) Farnell Bay Sector,
(G) Morgan Bay Sector, and
(H) Jacksonville Sector
(See 33 CFR 334.440 (b); Contact Com-
manding General, Marine Corps Base,
Camp Fejeune):
(8) Cape Fear River due west of the main ship
channel extending from L \S. Coast Guard
Buoy No. 31 A at the north approach
channel to Sunny Point Terminal to U.S.
Coast Guard Buoy No. 23 A at the south
approach channel to Sunny Point Army
Terminal and all waters of its tributaries
therein (See 33 CFR 334.450 (a); Contact
Commander, Sunny Point Area Terminal,
Southport).
(b) The areas included in the advisory against
the use of fixed fishing gear at the Piney Island
range, as referenced in 15A N'CAC 31 .0010(d) is
Rattan Bay southeast of a line beginning at a
point 35: 02' 41" N - 76: 29' 00" W, running 027°
(M) to a point 35° 03' 28" N - 76Q 28' 42" YV.
and include all of Rattan Bay which is within the
Piney Island military range in southern Pamlico
Sound.
Statuto/T A uthotity
113-182; 143B-289.4.
G.S. 113-134: 113-181;
.0003 PRIMARY NURSERY AREAS
(a) In the Roanoke Sound Area.
(1) Shallowbag Bay:
(A) Dough Creek, northwest of a line be-
ginning at a point (in the east shore 35D
54' 28" N - 75: 40 00" \V; running 242:
(M) to a point on the west shore 35= 54'
19- \ .. 75° 4i) 09" \V;
(B) Scarborough Creek, all waters south of
a line beginning at a point on the east
shore 35°~ 54' 00" N - 75c 39' 33 W;
106
5:1 SORTH CAROLLXA REGISTER April
1990
PROPOSED RULES
running 246° (M) to a point on the west
shore 35° 53' 59" N -- 75° 39' 36" W.
(2) Broad Creek, north of a line beginning
at a point on the east shore 35° 52' 24" N
- 75° 38' 26" W; running 306° (M) to a
point on the west shore 35° 52' 22" N --
75° 38' 30" W.
(b) In the Northern Pamlico Sound Area.
(1) Long Shoal River:
(A) Long Shoal River, west of a line be-
ginning at a point on the north shore 35°
38' 00" N - 75° 52' 57" W; running 208°
(M) to a point on the south shore 35° 37'
47" N - 75' 53' 03" W;
(B) Deep Creek, east of a line beginning at
a point on the north shore 35° 37' 50" N
- 75° 52' 14" \V; running 204° (M) to a
point on the south shore 35° 37' 38" N --
75° 52' 18" W;
(C) Broad Creek, west of a line beginning
at a point on the north shore 35° 35' 57"
N - 75° 53' 42" W; running 209° (\1) to
a point on the south shore 35° 35' 46" N
- 75° 53' 49" \V;
(D) Muddy Creek, east of a line beginning
at a point on the north shore 35° 36' 24"
N -- 75° 52' 08" W; running 181° (M) to
a point on the south shore 35° 36' 15" N
- 75° 52' 10" VV;
(E) Pains Bay, north of a line beginning at
a point on the west shore 35° 35' 26" N
- 75° 49' 12" W; running 097° (M) to a
point on the east shore 35° 35' 26" N --
75° 48' 50" W;
(F) Otter Creek, southwest of a line begin-
ning at a point on the east shore 35° 33'
07" N - 75° 55' 00" VV; running 277° (M)
to a point on the west shore 35° 33' 07"
N - 75° 55' 15" W;
(G) Clark Creek, northeast of a line begin-
ning at a point on the north shore 33° 35'
45" N - 75° 51' 30" VV; running 158° (M)
to a point on the south shore 35° 35' 46"
N - 75° 51' 28" W;
(2) Far Creek, east of a line beginning at a
point on Gibbs Point 35° 30' 06" N -
75° 57' 46" VV; running 007° (M) to a
point on the east shore 35° 30' 53" N —
75° 57' 46" VV;
(3) Middlctown Creek, west of a line begin-
ning at a point on the north shore 35° 28'
26" N - 75° 59' 55" W; running 097° (M)
to a point on the south shore 35° 28' 06"
N - 75° 59' 55" VV;
(4) Wy socking Bay:
(A) Pone Tree Creek, east of a line begin-
ning at a point on the south shore 35 25'
06" N - 76° 02' 06" VV; running 342' (M)
to a point on the north shore 35° 25' 33"
N - 76° 02' 18" W;
(B) Wysocking Bay, north of a line begin-
ning at a point on the east shore 35° 25'
55" N - 76° 02' 58" W; running 265° (M)
to a point on the west shore 35° 25' 44"
N - 76° 03' 33" \V;
(C) Douglas Bay, northwest of a line be-
ginning at a point on Mackey Point 35°
25' 11* N - 76° 03' 14" W; running 229°
(M) to a point on the south shore 35° 24'
50" N - 76° 03' 42" W;
(D) Tributaries west of Brown Island, west
of a line beiiinniniz at a point on the north
shore of Brown Island 35° 24' 10" N - 76°
04' 24" VV; running 007° (M) to a point
35° 24' 24" N - 76° 04' 24" W; and north
of a line beginning at a point on the most
southern point of Brown Island 35° 23'
51" N - 76° 04' 32" VV; running 277° (M)
to a point on the west shore 35° 23' 51"
N - 76° 04' 48" VV;
(5) Last Bluff Bay, Harbor Creek east of a
line beginning at a point on the south
shore 35° 21' 25" N - 76° 07' 48" VV; run-
ning 323° (M) to a point on the north
shore 35° 21' 31" N - 76" 07' 56" VV;
(6) Cunning Harbor tributaries, north of a
line beginning at a point on the east shore
35° 20^40" N - 76° 12' 15" VV; running
280° (M) to a point on the west shore 35°
20' 42" N - 76° 12' 37" VV;
(7) Juniper Bay:
(A) I'pper Juniper Bay, north of a line be-
ginning at a point on the east shore 35°
23' 09" N - 76° 15' 00" VV; running 277°
(M) to a point on the west shore 35° 23'
09" N - 76° 15' 12" VV;
(B) Rattlesnake Creek, west of a line be-
ginning at a point on the north shore 35°
22' 55" N - 76° 15' 19" VV, running 211°
(\1) to a point on the south shore 35° 22'
50" N - 76° 15' 21" VV;
(C) Buck Creek, east of a line beginning at
a point on the south shore 35° 21' 22" N
- 76' 13' 46" VV; running 328° (M) to a
point on the north shore 35° 21' 21)" N -
76° 13' 54" VV;
(D) I aurel Creek, cast of a line beginning
at a point on the north shore 35° 20' 38"
N - 76° 13' 21" VV; running 170 (M) to a
point on the south shore 35° 20' 36" N -
76° 13' 22" VV;
(E) Old Haulover, west of a line beginning
on the south shore 35° 21' 58" N - 76 15'
36" W; running 008° (\1) to a point on the
north shore }>5° 22' 05" N - 76° 15' 35"
VV;
5: / NOR Til CA R OL IN A R EC, IS TER April 2, 1990
107
PROPOSED RULES
(8) Swanquarter Bay:
(A) Upper Swanquarter Bay. north of a line
beginning on the east shore and running
270° (M) through Day Marker No. 7 to
the west shore;
(Bj Oyster Creek, east of a line beginning
at a point on the north shore 35° 23' 06"
N - 76° IS' 58" W; running 187° (M) to
a point on the south shore 35° 22' 00" N
-- 76° 18' 58" W;
(C) Caffee Bay:
(i) Unnamed tributary, north of a line
beginnina at a point on the west shore
35c 2,' 09" N - 76= 18 52" W; running
111° (M) to a point on the east shore
35° 22' 06" N- 76° 18' 45" W;
(ii) Unnamed tributary, north of a line
beainnina at a point on the east shore
35° 22' 05" N - 76° 18' 12" W; running
288° (M) to a point on the west shore
35° 22' 09" N - 76° 18' 28" W;
(iii) Upper Caffee Bay (llaulover), east
of a line beginning at a point on the
south shore 35° 21' 43" N - 76° 17 25"
W; ranning 330° (M) to a point on the
north shore 35° 21' 52" N - 76° 17' 26"
W.
(9) Rose Bay:
(A) Rose Bay. north of a line beginning at
a point on Watch Point 35' 26' 52" N --
76° 25' 02" YV; running 272° (M) to
Channel Marker No. 6; thence 248' (M)
to a point on the west shore 35° 26' 40"
N -- 76° 25' 30" W;
(B) Island Point Creek, west of a line be-
ginning at a point on the north shore 35°
25' 59" N - 76° 25' 06" YV; running 154°
(M) to a point on the south shore 35" 25'
54" N - 76° 25' 00" W;
(C) Tooley Creek, west of a line beginning
on the north shore 35' 25' 26" N -- 76°
25' 30" \V: running 1S7: (M) to a point
on the south shore 35° 25' 09" N -- 76°
25' 30" W;
(D) Broad Creek, east of a line beginning
at a point on the south shore 35° 23' 54"
N - 76' 23' 34" W; running 023° (M) to a
point 35° 24 15" N - 76° 26' 10" W;
thence 080° (M) to a point 35° 24' 18" N
- 76= 25' 57" \V;
(1 ) I ightwood Snag Bay, west and north
of a line beginning at a point on the south
shore 35° 23' 54"~N - 76° 26 18" W run-
rung 023c (M) to a point 35: 24 15" N -
76' 26' 10 W; thence 080° (M) to a point
35° 24 18" N - 76: 25 57 W;
(F) Deep Bay:
(i) Old Haulover, north of a line begin-
ning at a point on the west shore 35°
23' 09" N - 76° 22' 52" YV; running 101°
(M) to a point on the east shore 35° 23'
09" N - 76° 22' 46" W;
(ii) Drum Cove (Stinking Creek), south
of a line beginning at a point on the
west shore 35° 22' 32" N - 76° 24' 44"
\V; running 122' (M) to a point on the
east shore "35° 22' 26" N - 76° 24' 28"
W;
(G) Eastern tributaries (Cedar Hammock
and Long Creek), east of a line beginning
at a point on the north shore 35° 24' 53"
N - 76° 23' 12" VV; running 206° (M) to a
point on the south shore 35° 24' 39" N -
76° 23' 18" YV:
(10) Spencer Bay:
(A) Germantown Bay:
(i) Ditch Creek, west of a line beginning
at a point on the north shore i5' 24'
11" N
76° 27' 54" \Y
running
24°
(M) to a point on the south shore 35°
24 05" N - 76° 27' 59" YV;
(ii) Jenette Creek, west of a line begin-
nina at a point on the north shore 35°
24' "30" N - 76° 27' 40" YV; running 204°
(M) to a point on the south shore 35'
24 25" N - 76= 27' 40" YV;
(iii) Headwaters at northeast of a line
beainnina at a point on the northwest
shore 35° 24' 50" N - 76° 27' 16' YV;
running 158° (M) to a point on the
southeast shore 35° 24' 30" N - 76° 27'
11 YV;
(iv) Swan Creek, southeast of a line be-
ainnina at a point on the north shore
35° 24r 30" N - 76° 27' 11" YV; running
234= (M) to a point on the south shore
35° 24' 24" N - 76= 27' 17 YV;
(B) Unnamed western tributary, west of a
line beainnina at a point on the south
shore 35° 22r 48" N - 76' 28' 19" YV;
runnina 356= (M) to a point on the north
shore 35° 22' 59" N - 76' 28' 21" YV;
(C) Unnamed tributary, west of a line be-
ginning on the south shore 35= 23' 04"
N - 76° 28' 36" YV: runnina 016= (M) to a
point on the north shore 35= 23' 08" N -
76° 28' 35" YV;
(D) Unnamed tributary, west of a line be-
ainnina at a point on the south shore 35°
23' 21" N - 76 2S 37" YV; running 306=
(M) to a point on the north shore 35° 23'
25" N - 76= 28' 46 YV;
(E) Unnamed tributaries, northwest of a
line beginnina at a point on the north
shore 35= 23' 45" N - 76= 28' 38 YV; run-
10S
5:1 XORTII CAROLLXA REGISTER April 2, 1990
PROPOSED RULES
ning 231° (M) to a point on the south
shore 35° 23' 30" N - 76° 28' 48" W;
(F) Upper Spencer Bay, northwest of a line
beginning at a point on the south shore
35° 24' 00" N - 76° 28' 48" W; running
028° (M) to a point on the north shore
35° 24' 23" N - 76° 28' 36" W;
(G) Swan Creek, east of a line beginning
at a point on the south shore 35° 23' 51"
N - 76° 27' 26" W; running 018° (M) to a
point on the north shore 35° 24' 02" N -
76° 27' 25" \V;
(11) Long Creek, north of a line beginning at
a point on the west shore 35° 22' 26" N -
76° 29' 00" VV; running 119° (M) to a
point on the east shore 35' 22' 21" N - 76°
28' 49" W;
(12) Willow Creek, cast of a line beginning at
a point on the north shore 35' 23' 06" N
- 76° 28' 54" W; running 137= (M) to a
point on the south shore 35° 23' 01" N -
76° 28' 45" W;
(13) Abels Bay, above a line beginning at a
point on the west shore 35° 24' 04" N --
76° 30' 24" W; running 132° (M) to a
point on the east shore 35° 23' 57" N --
76° 30' 09" W; thence 204° (M) to a point
on the south shore 35° 23' 40" N -- 76°
30' 14" W;
( 14) ('rooked Creek, north of a line beginning
at a point on the east shore 35° 24' 21" N
- 76° 32' 04" \V; running 282° (M) to a
point on the west shore 35° 24' 27" N -
76° 32' 14" W.
(c) In the Pungo River Area.
( 1 ) Fortcscue Creek:
(A) Headwaters of Fortcscue Creek, south-
east of a line beginning at a point on the
southwest shore 35° 25' 26" N - 76° 30'
42" \V; running 060° (M) to a point on
the northeast shore 35° 25' 30" N -- 76°
30' 33" W;
(B) Warner Creek, north of a line from a
point on the east shore ix 26' 18" N —
76° 31' 30" W; runnmg 262° (M) to a
point on the west shore 35° 26' 16" N --
76° 31' 36" W;
(C) Island Creek, north of a line beginning
at a point on the west shore 35° 26' 04"
N - 76: 32' 22" W; running 093° (M) to
a point on the east shore 35° 26' 06" N --
76° 32' 18" W;
(D) Dixon Creek, south of a line beginning
at a point above Lupton Point 35° 25' 34"
N -- 76° 31' 54" W: running 279° (M) to
a point on the west shore 35° 25' 35" N
- 76° 31' 44" W;
(E) Pasture Creek, north of a line beginning
at a point on the east shore 35° 26' 00" N
- 76° 31' 54" W; running 277° (M) to a
point above Pasture Point 35° 26' 00" N
- 76° 31' 57" W;
(F) All tributaries on the northeast shore
of lower Fortescue Creek, northeast of a
line beginning at a point 35° 26' 05" N --
76° 21' 12" W; running 135° (M) to a
point 35° 25' 36" N -- 76° 30' 36" W;
(2) Slade Creek:
(A) Slade Creek, south of a line beginning
at a point above Jones Creek 35° 27' 56"
N -- 76° 30' 44" W; running 102° (M) to
a point on the north shore 35° 27' 54" N
- 76° 30' 33" W;
(B) Jarvis Creek, northeast of a line begin-
ning at a point on the southeastern shore
35°~28' 14" N - 76° 30' 51" W; running
325° (M) to a point 35° 28' 15" N - 76°
30' 56" W;
(C) Jones Creek, south of a line beginning
at a point on the east shore 35° 27' 56" N
- 76° 30' 53" W; running 331° (M) to a
point on the west shore 35° 28' 00" N --
76° 30' 57" W;
(D) Becky Creek, north of a line beginning
at a point on the cast shore 35° 28' 42" N
- 76° 31' 37" W; running 277° (M) to a
point on the west shore 35° 28' 42" N —
76° 31' 40" W;
(E) Neal Creek, north of a line beginning
at a point on the cast shore 35° 28' 49" N
- 76° 31' 49" W: running 275° (M) to a
point on the west shore 35° 28' 48" N --
76° 31' 54" W;
(F) Wood Creek, north of a line beginning
at a point on the east shore 35° 28' 38" N
- 76° i2' 22" W; running 277° (M) to a
point on the west shore 35° 28' 38" N --
76° 32' 30" W;
(G) Spellman Creek, north of a line begin-
ning at a point on the east shore 35° 28'
14" M .. 76° 32' 42" W; running 215° (M)
to a point on the west shore 35° 28' 13"
N - 76° 32' 44" W;
(II) Speer Creek, east of a line beginning
at a point on the north shore 35° 27' 58"
N - 76° 32' 24" W; running 207° (M) to
a point on the south shore 35° 27' 55" N
- 76° 32' 24" W;
(I) Church Creek and Spccr Gut, cast of a
line beginning at a point on the northeast
shore 35° 27~ 35" N - 76° 32' 46" W;
running 228° (M) to a point on the
southwest shore 35: 27' M" N - 76° 32'
52" W;
5:1 NORTH CAROLINA REGISTER April 2, 1990
109
PROPOSED RULES
(J) Allison and Foeman Creek, south of a
line beginning at a point on Parmalee
Point 35° 27r 15" N - 76° 33' 07" W;
running 286' (M) to a point on the
southwest shore 35° 27' 18" N - 76° 33'
12" W;
(3) I'lax Pond, west of a line beginning at a
point on the south shore 35° 31' 52" N -
76° 33' 15" W; running 009° (M) to a
point on the north shore 35° 31' 56" N -
76' 33' 15" W;
(4) Battalina and Tooleys Creeks, northwest
of a line beginning at a point on the north
shore 35° 32' 21""N - 76' 36' 12" W; run-
ning 226° (M) to a point on the south
shore 35° 32' 02" N - 76° 36' 24" \V;
(d) In the Pamlico River Area.
( 1 ) North Creek:
(A) North Creek, north of a line beginning
at a point on the west shore 35° 25' 35"
\ - 76° 40' 06" W; running 048° (M) to
a point on the east shore 35 = 25' 40" N --
76: 40' 01" W;
(B) East fork:
(i) Northeast of a line beginning at a
point on the northwest shore 35' 25'
48" N - 76° 39' 04" W; running 144=
(M) to a point on the southeast shore
35' 25' 43" N -- 76' 39' 00" W;
(ii) Unnamed tributary' of East Fork
northwest of a line beginning at a point
on the north shore 35' 25' 41" N - 76°
39' 28" \V; running 215° (M) to a point
on the south shore 35° 25' 37" N - 76°
39' 30" \Y;
(C) Prying Pan Creek, east of a line begin-
ning at a point on Chambers Point 35c
24' 51" N - 76° 39' 48" W; running 051°
(M) to a point on the north shore 35° 25'
00" N - 76° 39' 33" W;
(D) Little East Creek, west of a line begin-
ning at a point on Cousin Point 35° 25'
00" N - 76° 40' 26" W; running 0283 (M)
to a point on the north shore 35 25' OS"
N - 76° 40' 22" W;
(2) Goose Creek:
(A) Creek north of Bostic Point, west of a
line beginning at a point on the north
shore 35° 19' 57" N - 76= 37' 37" W;
running 179' (M) to a point on the south
shore 35° 19' 54" N - 76' 37' 34" W;
(B) Upper Spring Creek:
(i) Headwaters of l.'pper Spring Creek,
east of a line beginning at a point on the
north shore 35M6' 20" N - 76c 35' 56"
W; running 139: (M) to a point on the
south shore 35= 16 14" N - 7<v 35' 48"
W;
(ii) Unnamed tributary, north of a line
beginning at a point on the west shore
35' 16' 50" N - 76° 36' 27" W; running
099° (M) to a point on the east shore
35° 16' 50" N - 76° 36' 24" W;
(C) Eastham Creek:
(i) Slade I anding Creek, south of a line
beginning at a point on the west shore
35° 17' 32" N - 76° 35' 59" W; running
139° (M) to a point on the east shore
35° 17' 29" N - 76° 35' 54" W;
(ii) Mallard Creek, north of a line begin-
ning at a point on the west shore 35°
17' 49" N - 76° 36' 09" W; running
122° (M) to a point on the east shore
35° 17' 47" N - 76° 36' 04" W;
(D) Mud Gut. north and east of a line be-
ginning at a point on the south shore 35°
17' 48" N - 76° 36' 46" W; running 349°
(M) to a point on the north shore 35° 17'
52" N - 76° 36' 48" W;
(E) Wilkerson Creek, east of a line begin-
ning at a point on the south shore 35° IS'
20" N - 76° 36' 44" W; running 025° (M)
to a point on the north shore 35° 18' 23"
X - 76: 36' 45" W;
(E) Dixon Creek, east of a line beginning
at a point on the north shore 35° 18' 53"
N - 76° 36' 37" W; running 205° (M) to
a point on the south shore 35° 18' 37" N
- 76= 36' 42" W;
(3) Oyster Creek; Middle Prong:
(A) Oyster Creek:
(i) West of a line beginning at a point on
the north shore 35° 19' 29" N - 76° 34'
02" W; running 166° (M) to a point on
the south shore 35' 19' 25" N - 76° 34'
00" W;
(ii) Duck Creek, south of a line beginning
at a point on the west shore 35° 19' 06"
N - 76° 33' 18" W; running 055' (M)
to a point on the east shore 35° 19' 10"
N - 76° 33' 12" W;
(B) James Creek, southwest of a line be-
ginning at a point on the north shore 35 =
18' 36" N - 76= 32' 20" \V; running 136°
(M) to a point on the southeast shore 35'
IS' 28" N - 76° 32' 05" \V:
(C) Middle Prong, south of a line beginning
at a point on the west shore 35° 17' 50"
N - 76° 32' 06" W; running 141= (M) to
a point on the east shore 35° 17' 43" N --
76= 31' 57" W;
(D) Clark Creek:
(i) Headwaters of Clark Creek, southeast
of a line beginning at a point on the
southwest shore 35= IS 06" N - 76' 31'
12" W; running 056° (M) to a point on
110
5:1 XORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
the northeast shore 35° 18' 12" N - 76°
31' 06" W;
(ii) Boat Creek, east of a line beginning
at a point of the south shore 35° 18' 24"
N - 76° 31' 16" VV; running 358° (M) to
a point on the north shore 35° 18' 32"
N - 76° 31' 18" W;
(E) Clark Creek, southeast of a line begin-
ning at a point on the southwest shore 35°
18' 06" N -- 76° 31' 12" VV; running 056°
(M) to a point on the northeast shore 35°
IS' 12" N - 76° 31106" W.
(c) In the Western Pamlico Sound Area.
( 1 ) Mouse I Iarbor:
(A) Long Creek, north of a line beginning
at a point on the west shore 35° 18' 26"
N -- 76° 29' 48" VV; running 070° (M) to
a point on the cast shore 35° 18' 30" N --
76° 29' 37" VV;
(B) Small tributary east of Long Creek,
northeast of a line beginning at a point on
the west shore 35° 18r31" N - 76° 29' 13"
VV; running 137° (M) to a point on the
cast shore 35° 18' 28" N -- 76° 29' 10" VV;
(C) Cedar Creek and adjacent tributary,
south of a line beginning at a point on the
west shore 35° 16' 54" N - 76° 29' 53"
VV; running 136° (M) to a point on the
east shore 35° 16' 39" N - 76° 29' 31" VV;
(2) Big Porpoise Bay, west of a line beginning
at a point on the north shore 35° 15' 44"
N - 76° 29' 29" VV; running 154° (M) to
a point on the south shore 35° 15' 38" N
- 76° 29' 22" VV;
(3) Middle Bay, west of a line beginning at a
point on the south shore 35° 14' 22" N --
76° 31' 14" VV; running 055° (M) to a
point on the north shore 35° 14' 36" N --
76° 30' 50" VV;
Little Oyster Creek, north of a line begin-
ning at a point on the west shore 35° 14'
28" N - 76° 30' 14" VV; running 074° (M)
to a point on the east shore 35° 14' 35"
N - 76° 29' 59" VV;
(4) Jones Bay, west of the IVVW:
(A) Little Drum Creek/Little Eve Creek,
two small tributaries on the south shore
at the mouth of Jones Bay, south of a line
beginning at a point on the west shore 35°
12r26" N - 76° 31' 46" VV; running 104°
(M) to a point on the east shore 35° 12'
20" N - 76° 31' 16" VV;
(B) Ditch Creek, south of a line beginning
at a point on the west shore 35° 13' 21"
N - 76° 33' 40" VV; running 115° (M) to
a point on the cast shore 35° 13' 14 N --
76° 33' 14" VV;
(C) Lambert Creek, west of a line beginning
at a point on the south shore 35° 13' 49"
N - 76° 34' 20" VV; running 016° (M) to a
point on the north shore 35° 13' 50" N -
76° 34' 19" VV;
(D) Headwaters of Jones Bay, (west of the
IVVW), west of a line beginning at a point
on the south shore 35° 14' 25" N - 76°
35' 26" VV; running 009° (M) to a point
on the north shore "at 35° 14' 28" N - 76°
35' 26" VV;
(E) Bills Creek, north of a line beginning
at a point on the west shore 35° 14' 29"
N - 76° 34' 47" VV; running 150° (M) to a
point on the east shore 35° 14' 26" N - 76°
34' 43" VV;
(F) Doll Creek, north of a line beginning
at a point on the west shore 35° 14' 20"
N - 76° 34' 14" VV; running 129° (M) to
a point on the east shore 35° 14' 15" N —
76° 34' 04" VV;
(G) Drum Creek, north of a line beginning
at a point on the west shore 35° 14' 10"
N - 76° 33' 17" VV; running 116° (M) to
a point on the east shore 35° 14' 08" N —
76° 33' 05" VV.
(f) In the Bay River Area:
(1) Mason Creek, southeast of a line begin-
ning at a point on the southwest shore 35°
08' 10" N - 76° 41' 39" VV; running 041°
(M) to a point on the east shore 35° 08'
15" N - 76° 41' 34" W;
(2) Moore Creek, southeast of a line begin-
ning at a point on the southwest shore 35°
08' 52" N - 76° 40' IS" W; running 032°
(M) to a point on the north shore 35° 08'
58" N - 76° 40' 15" VV;
(3) Small tributaries from Bell Point to Ball
Creek, southwest of a line beginning at a
point on the northwest shore 35° 09' 57"
N - 76° 39' 26" VV; running 128° (M) to
a point on the southeast shore 35° 09' 45"
N - 76° 38' 54" VV;
(4) Ball Creek-Cabin Creek, south of a line
beginning at a point on the west shore 35°
09' 39" N - 76r 38' 01" VV; running 116°
(M) to a point on the east shore 35° 09'
34" N - 76° 37' 38" VV;
(5) Bonner Bay:
(A) Riggs Creek, west of a line beginning
at a point on the north shore 35° 09' 24"
N - 76° 36' 15" VV; running 156° (M) to
a point on the south shore 35° 09' 13" N
- 76° 36' 07" VV;
(B) Spring Creek, west of a line beginning
at a point on the north shore 35° 08' 29"
N - 76° 36' 13" VV; running 165° (M) to
5: / NOR TH CA ROLINA REGIS TER April
1990
III
PROPOSED RULES
a point on the south shore 35° 08' 20" N
-- 76° 36' 07" \V;
(C) Bryan Creek, south of a line beginning
at a point on the west shore 35° 08' 22"
N - 76° 35' 53" W; running 069° (M) to
a point on the east shore 35° 08' 25" N --
76° 35' 43" W;
(D) Dipping Vat Creek, east of a line be-
ginning at a point on the north shore 35°
09' 17" N -- 76° 34' 21" W; running 164°
(M) to a point on the south shore 35° 09'
09" N - 76° 34' 18" W;
(E) Long Creek, south of a line beginning
at a point on the west shore i5° 08' 12"
N - 76= 34' 38" \V; running 098° (M) to
a point on the east shore 35° 08' 12" N --
76° 34' 30" W;
(F) Small tributary off long Creek, west
of a line beginning at a point on the north
shore 35° 08' i(T N - 76° 34' 42" \V;
running 164° (M) to a point on the south
shore 35° 08' 24" N - 76° 34' 38" W;
(6) Rock Hole Bay, northeast of a line be-
ginning at a point on the west shore 35'
11' 39" N -- 76° 32' 36" W; running 150°
(M) to a point on the east shore 35° 11'
16" N - 76° 32' 15" W;
(7) Dump Creek, north of a line beginning
at a point on the west shore 35° 11' 42"
N - 76° 33' 27" \V; running 057° (M) to
a point on the east shore 35° 1 1' 48" N --
76° 33' 20" W;
(8) Tributaries east of IWW at Gales Creek,
east of a line beginning at a point on the
north shore of the northern tributary' 35°
12' 54" N -- 76° 35' 29" W; running 158°
(M) to a point on the south shore of the
southern tributary 35° 12' 22" N -- 76° 35'
06" W;
(9) Gales Creek and adjacent tributary, west
of a line beginning at a point on the north
shore of Gales Creek 35° 12' 55" N - 76=
35' 46" W; running 160° (\1) to a point
on the south shore of adjacent creek 35°
12' 27" N - 76 35' 25" W;
(10) Chadwick Creek and No Jacket ('reek,
north of a line beginning at a point on the
west shore 35° 11' 58" N - 76° 35' 56"
\V; running 079° (M) to a point on the
east shore 35° 12' 04" N - 76° 35' 33" W;
(11) Bear Creek, north of a line beginning at
a point on the west shore 35° 11' 35" N
- 76° 36' 22" \V; running 037° (M) to a
point on the east shore 35° 11' 44" N --
76° 36' 15" W;
(12) I ittle Bear Creek, north of a line begin-
ning at a point on the west shore 35c 1 1'
06" N - 76° 36' 20" \V; running 045° (M)
to a point on the east shore 35° 11' 16"
N - 76° 36' 07" W;
(13) All small tributaries to Bay River from
Petty Point to Sanders Point, closed at
mouth;
( 14) In Vandemere Creek:
(A) Cedar Creek, north of a line beginning
at a point on the west shore 35° 11 13"
N - 76° 39' 36" W; running 078° (M)toa
point on the east shore 35° 1 1 ' 14" N - 76°
39' 33" W;
(B) Long Creek, east of a line beginning at
a point on the north shore 35° 1 1' 27" N
- 76° 38' 49" W; running 177° (M) to a
point on the south shore 35° 11' 23" N -
76° 38' 48" VV;
(C) I ittle Vandemere Creek, north of a line
beginning at a point on the west shore 35°
12^ 07" N - 76° 39' 17" \V; running 120°
(M) to a point on the east shore 35° 12'
06" W - 76° 39' 14" W;
(15) Smith Creek, north of a line beginning
at a point on the west shore 35° 10' 23"
N - 76° 40' 15" W; running 054° (M) to
a point on the east shore 35° 10 27" N --
76° 40' 13" W;
(16) Harper Creek, west of a line beginning
at a point on the south shore 35° 09' 09"
N -- 76° 41' 54" W; running 024° (M) to
a point on the north shore 35° 09' 15" N
- 76° 41' 51" W;
(17) Chapel Creek, north of a line beginning
at a point on the west shore 35° 08' 56"
N - 76° 42' 52" W; running 076° (M) to
a point on the east shore 35° OS' 58" N --
76° 42' 48" W;
(IS) Swindell Bay, south of a line beginning
at a point on the west shore 35° 08' 16"
N - 76° 42' 57" W; running 135° (M) to
a point on the east shore 35° OS' 13" N --
76° 42' 50" W.
(g) In the Neuse River .Area North Shore.
( 1) Swan Creek, west of a line beginning at
a point on the north shore 35° 06' 46" N
- 76° 33' 41" W; running 042° (M) to a
point on the south shore 35° 06' IS N --
76° 34' 02" W;
(2) Broad Creek:
(A) Greens Creek, east of a line beginning
at a point on the north shore 35° 06' 05"
N - 76 35 28" \V; running 154 (M) to
a point on the south shore 35° 06 00" N
- 76° 35' 24 W;
(B) Pittman Creek, north of a Line begin-
ning at a point on the west shore 35 05'
4\ N - 76° 36' 10" \V; running 068° (Ml
to a point on the east shore 35' 05' 54"
N - 76= 36' 02 W;
112
5:1 \ORTH CAROLLXA REGISTER April 2, 1990
PROPOSED RULES
(C) Burton Creek, west of a line beginning
at a point on the south shore 35° 05' 37"
N -- 76° 36' 32" W; running 034° (M) to
a point on the north shore 35° 05' 43" N
-- 76° 36' 30" W;
(D) All small tributaries on the north shore
of Broad Creek, north of a line beginning
at a point on the west shore of the western
most tributary 35° 05' 38" N -- 76° 37'
49" W; running 109° (M) to a point on the
east shore of the eastern most tributary
35° 05' 27" N -- 76° 36' 47" W;
(E) Brown Creek, northwest of a line be-
ginning at a point on the southwest shore
35° 05' 30" N -- 76° 37' 51" W; running
032° (M) to a point on the northeast
shore 35° 05' 37" N -- 76° 37' 48" W;
(F) Broad Creek including Gideon Creek,
west of a line beginning at a point on the
south shore 35° 05' 18" N - 76° 37' 49"
W; running 013° (M) to a point on the
north shore 35° 05' 30" N - 76° 37' 51"
W;
(G) Tar Creek, south of a line beginning at
a point on the west shore 35° 05' 15" N
- 76° 37' 36" W; running 097° (M) to a
point on the east shore 35° 05' 15" N —
76° 37' 30" VV;
(H) Small tributaries east of Tar Creek,
south of a line beginning at a point on the
west shore of the western tributary 35° 05'
18" N -- 76° 37' 03" W; running 106° (M)
to a point on the east shore of the eastern
tributary 35° 05' 14" N -- 76° 36' 27" W;
(I) Mill Creek and Cedar Creek, south of a
line beginning at a point on the west shore
of Mill Creek 35° 05' 26" N -- 76° 36' 02"
VV; running 109° (M) to a point on the
east shore of the eastern tributary 35° 05'
22" N - 76° 35' 36" W;
(3) Orchard Creek north of a line beginning
at a point on the west shore 35° 03' 21"
N -- 76° 38' 26" W; running 061° (M) to
a point on the east shore 35° 03' 37" N --
76° 37' 58" W;
(4) Pierce Creek, north of a line beginning
at a point on the west shore 35° 02' 29"
N -- 76° 40' 07" W; running 083° (M) to
a point on the east shore 35° 02' 31" N —
76° 40' 01" W;
(5) Whittakcr Creek, north of a line begin-
ning at a point on the west shore 35° 01'
37" N - 76° 41' 12" \V; running 095° (M)
to a point on the east shore 35° 01' 37"
N - 76° 40' 58" W;
(6) Oriental:
(A) Smith and Morris Creek, north of a line
beginning at a point on the west shore 35°
02' 15" N - 76° 42' 19" W; running 096°
(M) to a point on the east shore 35° 02'
16" N - 76° 42' 12" W;
(B) Tributary off Smith Creek west, west
of a line beginning at a point on the north
shore 35° 02' 10" N - 76° 42' 19" W;
running 186° (M) to a point on the south
shore 35° 02' 08" N - 76° 42' 19" W;
(C) Tributary off Smith Creek, east, east
of a line beginning at a point on the south
shore 35° 02' 06" N. - 76° 42' 12" \V;
running 026° (M) to a point on the north
shore 35° 02' 08" N - 76° 42' 11" W;
(D) Creek west of Dewey Point, north of a
line beginning at a point on the west shore
35° 01' 34" N - 76° 42' 35" W; running
049° (M) to a point on the west shore 35°
01' 36" N - 76° 42' 32" W;
(E) Two tributaries on the south shore of
Greens Creek, south of a line beginning
at a point on the west shore of the western
creek 35° 01' 24" N - 76° 42' 49" W;
running 110° (M) to a point on the east
shore of the eastern creek 35° 01' 19" N
- 76° 42' 27" W;
(F) Greens Creek, west of a line beginning
at a point on the north shore 35° 01' 34"
N - 76° 43' 02" W; running 154° (M) to
a point on the south shore 35° 01' 28" N
- 76° 42' 57" VV;
(G) Kershaw Creek, north of a line begin-
ning at a point on the west shore 35° 01'
34" N - 76° 43' 02" W; running 070° (M)
to a point on the east shore 35° 01' 38"
N - 76° 42' 53" VV;
(II) Windmill Point, southwest of a line
beginning at a point on the northwest
shore 35° 01' 11" N - 76° 42' 18" VV;
running 130° (M) to a point on the
southeast shore 35° 01' 09" N - 76° 42'
14" VV.
(7) Dawson Creek:
(A) Unnamed eastern tributary of Dawson
Creek, cast of a line beginning at a point
on the north shore 35° 00' 12" N - 76° 45'
19" VV; running 155° (M) to a point on
the south shore 35° 00' 07" N - 76° 45' 15"
VV;
(B) Unnamed tributary of Dawson Creek
(at mouth), south of a line beginning at a
point on the east shore 34' 59' 39" N - 76°
45' 09" VV; running 256° (M) to a point
on the south shore"34° 59' 38" N - 76c 45'
14" VV;
(8) Beard Creek tributary, southeast of a line
beginning at a point on the north shore
35° 00' 17" N - 76° 51' 55" VV; running
5:1 NORTH CAROLINA REGISTER April 2, 1990
113
PROPOSED RULES
214° (M) to a point on the southwest
shore 35° 00' 12" N - 76° 51' 58" W.
(h) In the Neuse River Area South Shore:
( 1 ) Clubfoot Creek, south of a line beginning
at a point on the west shore 34° 52' 15"
N - 76° 45' 48" W; running 095° (M) to
a point on the east shore 34° 52' 15" N -
76° 45' 36" W:
(A) Mitchell Creek, west of a line beginning
at a point on the south shore 34° 54' 15"
N -- 76° 45' 51" W; running 021° (M) to
a point on the north shore 34° 54' 25" N
- 76° 45' 48" W;
(B) Gulden Creek, east of a line beginning
at a point on the south shore 34° 54' 04"
N - 76° 45' 31" W; running 032° (M) to
a point on the north shore 34° 54' 12" N
- 76° 45' 20" W;
(2) Adams Creek:
(A) Godfrey Creek, southwest of a line be-
innninu at a point on the northwest shore
34° 57^ 18" N - 76° 41' 08" YV; running
151° (M) to a point on the south shore
34° 57' 16" N - 76° 41' 05" W;
(B) Delamar Creek, southwest of a line be-
ginning at a point on the northwest shore
34° 57^ 02" N - 76° 40' 45" YV; running
138° (M) to a point on the south shore
34° 57' 00" N - 76" 40' 43" W;
(C) Kellum Creek, west of a line beginning
at a point on the north shore 34° 55' 28"
N -- 76° 39' 50" W; running 160° (M) to
a point on the south shore 34° 55' 25" N
- 76° 39' 50" YV;
(D) Kearney Creek and unnamed tributary
north, west of a line beginning at a point
on the north shore of the north creek 34°
55' 04" N - 76° 40' 00" W; running 1(>4
(M) to a point on the south shore of
Kearney Creek 34° 54' 58" N - 76° 40'
01" W;
(E) Isaac Creek, southeast of a line begin-
ning at a point on the west shore 34° 54'
16" N - 76° 40' 07" YV; running 102° (M)
to a point on the cast shore 34° 54' 15"
X - 76= 40' 02" W;
(I ) Back Creek, south of a line beginning
at a point on the west shore 34° 54' 33"
N - 76° 39' 43" YV; running 059° (M) to
a point on the east shore 34° 54' 38" N --
76° yr 33" YV;
(G) Cedar Creek, south of a line beginning
at a point on the west shore 34° 55' 45"
N - 76° 38' 38" YV; running 095° (M) to
a point on the east shore 34° 55' 45" N --
76° 38' 32" YV;
(II) Jonaquin Creek, north of a line begin-
ning at a point on the west shore 34' 56'
06" N - 76° 38' 32" YV; running 095° (M)
to a point on the east shore 34° 56' 06"
N - 76° 38' 30" YV;
(I) Dumpling Creek, east of a line beginning
at a point on the north shore 34° 56' 54"
N - 76° 39' 33" W; running 142° (M) to
a point on the south shore 34° 56' 52" N
- 76° 39' 31" YV;
(J) Sandy Huss Creek, north of a line be-
uinninsi at a point on the west shore 34°
57' 14" N - 76° 39' 50" YV; running 116°
(M) to a point on the east shore 34° 57'
10" N - 76° 39' 43" YV;
(3) Garbacon Creek, south of a line begin-
ning at a point on the west shore 34° 59'
00" N - 76° 38' 34" YV; running 097° (M)
to a point on the east shore 34° 59' 00"
N - 76° 38' 30" YV;
(4) South River:
(A) Big Creek, southwest of a line begin-
ning at a point on the northwest shore 34°
56' 55" N - 76° 35' 22" YV; running 160°
(M) to a point on the southeast shore 35°
56' 49" N - 76° 35' 16" YV;
(B) Horton Bay, north of a line beginning
at a point on the west shore 34° 59' 08"
N - 76° 34' 44" YV; running 088° (M) to a
point on the west shore 34° 59' 11" N -
76° 34' 30" YV;
(5) Brown Creek, south of a line beginning
at a point on the west shore 34° 59' 51"
N - 76° 33' 34" YV; running 097° (M) to
a point on the east shore 34° 59' 51" N --
76° 33' 30" YV;
(6) Turnagain Bay:
(A) Abraham Bay, west of a line beginning
at a point on the north shore 35° 00' 09"
N - 76° 30' 48" YV; running 187° (M) to
a point on the south shore 34° 59' 50" N
- 76° 30' 44" YV;
(B) Broad Creek and adjacent tributary,
west of a line from a point on the north
shore 34° 59' 11" N - 76° 30' 26" YV;
running 151° (M) to a point on the south
shore 34° 58' 57" N - 76° 30' 08" YV;
(C) Mulberry Point Creek, lump Creek
and adjacent tributary, cast of a line be-
ginning at a point on the north shore 35°
00' 28" N - 76° 29' 47" YV; running 166°
(M) to a point on the south shore 34J 59'
40" N - 76° 29' 23" YV;
(D) Deep Gut, east of a line beginning at a
point on the north shore 34° 59' 35" N
- 76° 29' 03" YV; running 156° (M) to a
point on the south shore 34° 59' 28" N --
76° 28' 58" YV;
(E) Big Gut. southeast of a line beginning
at a point on the north shore 34: 59' 04"
114
5:1 SORTH CAROLINA REGISTER April 2,1990
PROPOSED RULES
N - 76° 28' 44" VV; running 219° (M) to a
point on the south shore 34° 58' 55" N -
76° 28' 44" W.
(i) West Bay; Long Bay Area:
(1) Fur Creek and Henrys Creek, west of a
line beginning at a point on the north
shore 34° 56' 33" N -- 76° 27' 42" W;
running 156° (M) to a point on the south
shore 34° 56' 23" N -- 76° 27' 28" VV;
(2) Cadduggen Creek, west of a line begin-
ning at a point on the north shore 34° 56'
26" N -- 76° 23' 59" VV; running 143° (M)
to a point on the south shore 34° 56' 17"
N -- 76° 23'41"W.
(j) Core Sound Area:
(1) Cedar Island Bay, northwest of a line
beginning at a point on the southwest
shore 34° 59' 00" N -- 76° 17' 58" VV;
running 038° (M) through Beacon No. 6
to a point on the northeast shore 34° 59'
45" N - 76° .17' 25" W;
(2) Lewis Creek, north of a line beginning at
a point on the west shore 34° 56' 56" N
- 76° 16' 54" VV; running 097° (M) to a
point on the east shore 34° 56' 56" N --
76° 16' 51" VV;
(3) Thorofare Bay:
(A) Tributary off upper Thorofare Bay,
southwest of a line beginning at a point
on the northwest shore 34° 55' 27" N --
76° 21' 28" VV; running 132° (M) to a
point on the southeast shore 34° 55' 22"
N - 76° 21' 16" VV;
(B) Barry's Bay, west of a line beginning
at a point on the north shore 34° 54' 30"
N -- 76° 20' 48" VV; running 155° (M) to
a point on the south shore 34° 54' 24" N
- 76° 20' 35" W;
(4) Nelson Bay:
(A) Willis Creek and Fulchers Creek, west
of a line beginning at a point on the north
shore of Willis Creek 34° 51' 06" N -- 76°
24' 36" VV; running 194° (M) to a point
on the south shore of Fulchers Creek 34°
50' 11" N -- 76° 24' 54" W;
(B) Lewis Creek, west of a line beginning
at a point on the south shore 34 51 44
N - 76° 24' 40" VV; running 011° (M) to
a point on the north shore 34° 51' 54" N
- 76° 24' 39" VV;
(5) Cedar Creek between Sea Level and At-
lantic, west of a line beginning at a point
on the south shore 34: 52' 00" N - 76°
22 44 VV; running 007° (M) to a point
on the north shore 34° 52' 03" N - 76°
22' 44" VV;
(6) Oyster Creek, northwest of the Highway
70 bridge;
(7) Jarretts Bay Area:
(A) Smyrna Creek, northwest of the High-
way 70 bridge;
(B) Ditch Cove and adjacent tributary, east
of a line beginning at a point on the north
shore 34° 48' 00" N - 76° 28' 26" VV; run-
ning 017° (M) to a point on the south
shore 34° 47' 35" N - 76° 28' 30" W;
(C) Broad Creek, north of a line beginning
at a point on the west shore 34° 47' 53"
N - 76° 29' 18" W; running 081° (M) to a
point on the east shore 34° 47' 58" N - 76°
28' 59" VV;
(D) Howland Creek, northwest of a line
beginning at a point on the southwest
shore 34° 47' 21" N - 76° 29' 53" VV; run-
ning 050° (M) to a point on the northeast
shore 34° 47' 26" N - 76° 29' 47" VV;
(E) Great Creek, southeast of a line begin-
ning at a point on the southwest shore 34°
47' OS" N - 76° 29' 12" VV; running 053°
(M) to a point on the northeast shore 34°
47' 17" N- 76° 29' 02" VV;
(F) Williston Creek, northwest of the
Highway 70 bridge;
(G) Wade Creek, northwest of a line be-
ginning at a point on the south shore 34°
46' 10" N - 76° 30' 22" VV; running 042°
(M) to a point on the north shore 34° 46'
17" N - 76° 30' 17" VV;
(H) Jump Run, north of a line beginning
at a point on the west shore 34° 45' 31"
N - 76° 30' 26" VV; running 097° (\I) to
a point on the west shore 34° 45' 31" N
- 76° 30' 21" W;
(I) Middens Creek, west of a line beginning
at a point on the south shore 34° 45' 23"
N - 76° 30' 59" VV; running 007° (M) to
a point on the north shore 34° 45' 29" N
- 76° 30' 59" VV;
(J) Tusk Creek, northwest of a line begin-
ning at a point on the southwest shore 34°
44' 37" N - 76° 30' 47" VV; running 033°
(M) to a point on the north shore 34° 44'
48" N - 76° 30' 38" VV;
(K) Creek west of Bells Island, west of a
line beginning at a point on the north
shore 34° 43' 56" N - 76° 30' 26" VV;
running 161° (M) to a point on the south
shore 34= 43' 46" N - 76° 30' 23" VV.
(k) Straits. North River, Newport River Area.
(1) Straits:
(A) Sleepy Creek, north of a line beginning
at a point on the west shore 34° 43' 21"
N - 76° 31' 32" VV; running 096° (M) to
a point on the east shore 34? 43' 21" N —
76° 3 L 20" W;
5:1 NORTH CAROLINA REGISTER April 2, 1990
115
PROPOSED RULES
(B) Whitehurst Creek, north of a line from
a point on the west shore 34° 43' 28" N
-- 76° 33' 22" W; running 072° (M) to a
point on the east shore 34° 43' 33" N —
76° 33' 13" W;
(2) North River, north of Highway 70 bridge:
(A) Ward Creek, north of Highway 70
bridge:
(i) North Leopard Creek, southeast of a
line beginning at a point on the south-
west shore 34° 45' 57" N -- 76° 34' 27"
VV; running 055° (M) to a point on the
northeast shore 34° 46' 01" N - 76° 34'
19" W;
(ii) South Leopard Creek, southeast of a
line beginning at a point on the south-
west shore 34° 45' 29" N - 76° 34' 47"
W; running 057D (M) to a point on the
northeast shore 34° 45' 33" N - 76° 34'
40" W;
(B) Turner Creek (Gibbs Creek), west of a
line beginning at a point on the south
shore 34° 43' 23" N - 76° 37' 43" W;
running 012° (M) to a point on the north
shore 34° 43' 30" N - 76° 37' 40" W;
(3) Newport River, west of a line beginning
at a point at Lawton Point 34° 45' 41" N
- 76° 44' 03" W; running 356° (M) to a
point on the north shore 34° 46' 34" N -
76° 44' 18" VV;
(A) Russel Creek, north of a line beginning
at a point on the west shore 34° 45' 36"
N - 76° 39' 47" W; running 097° (M) to
a point on the east shore 34" 45' 35" N —
76° 39' 46" \V;
(B) Ware Creek, northeast of a line begin-
ning at a point on the northwest shore 34°
46' 28" N - 76° 40' 30" W; running 153°
(M) to a point on the southeast shore 34°
46' 23" N - 76" 40' 27" VV;
(C) Bell Creek, northeast of a line begin-
ning at a point on the northwest shore 34°
47' 19" N - 76' 40' 58" VV; running 166°
(M) to a point on the southeast shore 34°
47' 02" N - 76° 40' 56" VV;
(D) Eastman Creek, east of a line beginning
at a point on the north shore 34° 47' 57"
N - 76° 41' 04" VV; running 184° (M) to
a point on the south shore 34' 47' 47" N
- 76° 41' 04" VV;
(E) Oyster Creek, north of a line beginning
at a point on the west shore 34° 46' 32"
N - 76: 42 32" VV; running 080° (M) to
a point on the cast shore 34: 46' 37" N --
76° 42' 14" VV;
(F) Harlow Creek, north of aline beginning
at a point on the west shore 34° 46 41"
N - 76: 43' 28" VV; running 060° (M) to
a point on the northeast shore 34° 46' 50"
N- 76° 43' 15" VV;
(G) Calico Creek, west of a line beginning
at a point on the north shore 34° 43' 42"
N - 76° 43' 11" VV; running 208° (M) to
a point on the south shore 34° 43' 37" N
- 76° 43' 13" VV;
(H) Crab Point Bay, northwest of a line
beginning at a point on the southwest
shore 34° 44' 03" N - 76° 43' 09" VV;
running 047° (M) to a point on the nor-
theast shore 34° 44' 08" N - 76° 43' 05"
VV.
(1) Bogue Sound; Bogue Inlet Area:
(1) Gales Creek, above the Highway 24
bridge;
(2) Broad Creek, above the Highway 24
bridge;
(3) Goose Creek, north of a line beginning
at a point on the west shore 34° 41' 46"
N - 77° 00' 45" VV; running 070° (M) to
a point on the east shore 34° 41' 51" N --
77° 00' 32" VV;
(4) Archer Creek, west of a line beginning at
a point on the north shore 34° 40' 27" N
- 77° 00' 47" VV; running 186° (M) to a
point on the south shore 34° 40' 22" N --
77° 00' 47" VV;
(5) White Oak River, north of a line begin-
ning at a point on the west shore 34° 45'
27" N - 77° 07' 39" VV; running 095° (M)
to a point on the east shore 34° 45' 27"
N - 77° 07' 07" VV;
(A) Pettiford Creek, east of a line beginning
at a point on the north shore 34° 42' 51"
N - 77° 05' 24" VV; running 175° (M) to
a point on the south shore 34° 42' 37" N
- 77° 05' 20" VV.
(B) Holland Mill Creek, west of a line be-
ginning at a point on the north shore 34°
43' 49r N - 77° 11' 58" VV; running 184°
(M) to a point on the south shore 34° 43'
38" N - 77° 11' 58" VV.
(6) Hawkins Creek, north of a line beginning
at a point on the west shore 34° 41' 06"
N - 77° 07' 44" VV; running 085° (M) to a
point on the east shore 34° 41' 07" N - 77°
07' 35" VV;
(7) Queen's Creek, north of country road
number 1509 bridge:
(A) Dick's Creek, west of a line beginning
at a point on the south shore 34° 39' 55"
X .. 77-- 09' 21 VV; running 338° (M) to
a point on the north shore 34° 39' 58" N
- 77° 09' 21" VV;
(B) Parrot Swamp, west of a line beginning
at a point on the south shore 34: 40 22
N - 77° 09' 39" VV; running 333r (M) to
116
5:1 .XORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
a point on the north shore 34° 40' 36" N
- 77° 09' 48" W;
(C) Hall's Creek, east of a line beginning
at a point on the south shore 34° 41' 00"
N - 77° 09' 42" W; running 337° (M) to
a point on the north shore 34° 41' 06" N
.. 77° 09' 44" W;
(8) Bear Creek, west of Willis Landing,
(m) New River Area:
(1) Salliers Bay area, all waters north and
northwest of the IWW beginning at a
point on Cedar Point 34° 32r48" N - 77°
19' 14" W to Beacon No. 58 34° 37' 56"
N -- 77° 12' 20" W including Howard Bay,
Mile Hammock Bay, Salliers Bay, and
Freeman Creek;
(2) New River Inlet area (including Hellgate
Creek and Ward's Channel), all waters
south of the IWW from Beacon No. 65
34° 32' 41" N -- 77= 18° 57" W to Beacon
No. 15 34° 31' 03" N -- 77° 22' 18" W,
excluding the marked New River Inlet
Channel;
(3) New River:
(A) Trap's Bay, northeast of a line begin-
ning at a point on the east shore 34° 33'
47" N -- 77° 20' 25" W; running 317° (M)
to a point on the west shore 34° 34' 07"
N -- 77° 20' 59" W;
(B) Courthouse Bay:
(i) Tributary of Courthouse Bay, south-
east of a line beginning at a point on
Harvey's Point 34° 34' 59" N - 77° 22'
25" W; running 066° (M) to a point on
the east shore 34° 35' 05" N - 77° 22'
11" W;
(ii) Tributary of Courthouse Bay, north-
west of a line beginning at a point on
the west shore 34° 35' 02" N - 77° 22'
40" W; running 057° (M) to a point on
the east shore 34° 35' 10" N - 77° 22'
31" W;
(iii) Rufus Creek, east of a line beginning
at a point on Wilken's Bluff 34° 34 19"
N - 77° 21' 41" W; running 002° (M)
to a point on the north shore 34° 34'
27" N - 77° 21' 41" W;
(C) Wheeler Creek, south of a line begin-
ning at a point on Poverty Point 34° 34'
04" N - 77° 23' 15" W; running 267° (M)
to a point on the west shore 34" 34' 03"
N - 77° 23' 26" W;
( D) Fannie Creek, west of a line beginning
at a point on the south shore 34° 34' 07"
N - 77° 23' 35" W; running 333° (M) to
a point on the north shore 34° 34' 08" N
- 77° 23' 40" W;
(E) Snead's Creek, northwest of a line be-
ginning at a point on the east shore 34°
35' 19" N - 77° 23' 31" W; running 219°
(M) to a point on the west shore 34° 35'
17" N - 77° 23' 34" W;
(F) Everette Creek, south of a line begin-
ning at a point on the east shore 34° 34'
13" N - 77° 24' 44" W; running 273° (M)
to a point on the west shore 34° 34' 12"
N - 77° 24' 49" W;
(G) Stone's Creek, southwest of a line be-
ginning at a point on the southeast shore
34° 36' 34" N - 77° 26' 51" W; running
301° (M) to a point on the northwest
shore 34° 36' 37" N - 77° 26' 52" W;
(H) Muddy Creek, north of a line beginning
at a point on the west shore 34° 36' 52"
N - 77° 26' 38" W; running 087° (M) to
a point on the east shore 34° 36' 52" N --
77° 26' 37" W;
(1) Mill Creek, north of a line beginning at
a point on the west shore 34° 37' 11" N
- 77° 25' 47" W; running 109° (M) to a
point on the east shore 34° 37' 11" N --
77° 25' 37" W;
(J) Whitehurst Creek, west and south of a
line beginning at a point on the south
shore 34° 38' 04" N - 77° 22' 37" YV;
running 280° (M) to a point on the north
shore 34° 38' 04" N - 77° 22' 38" W;
(K) Town Creek, west of a line beginning
at a point on the south shore 34° 39' 34"
N - 77° 23' 06" W; running 007° (M) to
a point on the north shore 34° 39' 37" N
- 77° 23' 06" W;
(L) Lewis Creek, southwest of a line be-
ginning at a point on the southeast shore
34° 40' 56" N - 77° 24' 56" W; running
301° (M) to a point on the northwest
shore 34° 40' 55" N - 77° 24' 58" W;
(M) Northeast Creek, east of a line begin-
ning at a point on the south shore 34° 43'
23" N - 77° 23' 35" W; running 316° (M)
to a point at the mouth of Scale's Creek
34° 43' 46" N - 77° 24' 06" W;
(N) Southwest Creek, southwest of a luic
beginning at a point on the east shore 34°
4F30" N - 77° 25' 20" W; running 328°
(M) to a point on the north shore 34' 41
50" N - 77° 25' 40" W;
(O) Upper New River, north of a line be-
ginning at a point on Mumford Point 34°
43' 15" N - 77° 25' 00" W; running 271°
(M) through Beacon No. 53 to a point
on the west shore 34° 43' 14" N - 77° 25'
49" W;
(4) Chadwick Bay. all waters between a line
beginning at a point on Roses Point 34°
5:7 NORTH CAROLINA REGISTER April 2, 1990
117
PROPOSED RULES
32' 12" N -- 77° 22' 19" W; running 075°
(M) to Marker No. 6 and the IWW:
(A) Fullard Creek (including Charles
Creek), northwest of a line beginning at a
point on the south shore 34° 32' 03" N --
77° 22' 41" W; running 326° (M) to a
point on the north shore 34° 32' 12" N —
77° 22' 50" W;
(B) Bump's Creek, north of a line begin-
ning at a point on the west shore 34° 32'
19" N -- 77° 22' 29" W; running 035° (M)
to a point on the east shore 34° 32' 28"
N -- 77° 22' 23" \V.
(n) Stump Sound Area.
Stump Sound, all waters north and south of
IWW from Beacon No. 15 34° 31' 03" N -- 77°
22' 17" W; to Marker No. 78 34° 25' 23" N - 77°
34' 12" W; except 100 feet of either side of the
IWW from Beacon No. 49 at Morris Landing to
Marker No. 78 at the mouth of Beckys Creek
and except the dredged canals at Old Settler's
Beach and the dredged channel from the IWW
north of Marker No. 57 to the Old Settler's
Beach Canals.
(o) Topsail Sound Area:
(1) Virginia Creek, all waters northwest of a
line beginning on the southwest shore at
a point near the mouth 34° 24' 48" N -
77° 35' 38" W; running 056° (M) 700
yards to a point 34° 25' 02" N - 77° 35'
19" W; thence running 074° (M) 1900
yards and intersecting the nursery area line
at Becky's Creek at a point 34° 25' 24" N
- 77° 34' 16" W, with the exception of the
natural channel as marked by the North
Carolina Division of Marine Fisheries;
(2) Old Topsail Creek, all waters northwest
of a line beginning at a point on the
southwest shore 34° 21' 33" N - 77° 40'
37" W; running 065° (M) to a point on
the northeast shore 34° 21' 43" N - 77° 40'
14 W, with the exception of the dredged
channel as marked by the North Carolina
Division of Manne Fisheries;
(3) Topsail Sound, all waters enclosed within
a line starting at beacon "BC" 34° 24' 35"
N - 77= 35' 43" W; running 174° (M) to
a point 34° 23' 58" N -- 77° 35' 33" W;
running 235: (M) to a point 34° 21' 14"
N - 77° 39' 18" W; running 300° (M) to
Marker No. 16 34= 21' 32" N - 77° 40'
15" W; running 056" (M) back to point
of origin;
(4) Mallard Bav Area, all waters northwest
of the IWW from Beacon No. 93 34° 23'
54 N - 77 = 36 43" W; to Beacon No. 96
34= 22' 34" N -- 77= 38' 48" W.
(p) Middle Sound Area:
(1) Howard Channel and Long Point Chan-
nel area, all waters southeast of the IWW
from Beacon No. 98 34° 21' 33" N - 77°
40' 32" W to a point on the north side of
the Figure 8 Island Marina Channel 34°
16' 28" N -- 77° 45' 35" W [with the ex-
ception of Howard Channel from the
IWW to New Topsail Inlet, Green
Channel from Marker No. 105 to Rich's
Inlet, Butler's Creek (L'tley's Channel)
from the IWW, north of Marker No. 112,
to Nixon's Channel, and Nixon's Channel
from IWW to Rich's Inlet; Tributaries to
above named channels will remain
closed.];
(2) Futch Creek, northwest of a line begin-
ning at a point on the north shore of
Porter's Neck 34° 18' 00" N - 77° 44' 33"
W; running 064" (M) to a point on Bal-
deagle Point 34' 18' 09" N - 77° 44' 22"
W;
(3) Page's Creek, northwest of a line begin-
ning at a point on the north shore 34° 16'
46" N - 77= 46' 42" W; running 229° (M)
to a point on the south shore 34° 16' 38"
N - IT 46' 51" W;
(4) All waters bound on the north by the
Figure Eight Island Causeway, on the east
by Mason's Channel, on the south by
Mason's Inlet Channel and on the west
by the Intracoastal Waterway, with the
exception of Mason's Channel.
(q) Greenville Sound Area:
(1) Shell Island area, all waters east of the
IWW from Marker No. 123 34° 14' 52"
N - 77° 47' 00" W to a point on the north
shore of Old Moore Inlet Channel 34° 13'
56" N - 77° 47' 48" W;
(2) Howe Creek (Moore's Creek), northwest
of a line beginning at a point on the south
shore 34° 14' 42~r' N - 77° 47' 26" W;
running 030° (M) to a point on the north
shore 34° 14' 53" N - 77° 47' 13" W;
(3) Bradley Creek, west of Highway 17, 74
and 76 bridge;
(4) Wnghtsville Beach area, all waters in an
area enclosed by a line beginning at a
point across the IWW from the mouth of
Bradley Creek 34: 12' 21 " N - IT 49' 08"
W, running 091' (M) to a point (near the
Borrow Pit) 34= 12' 22" N - 77= 4S' 32"
W, running 144" (M) to a point 34= 11'
56" N - 77= 48' 19" W, running 224= (M)
to a point 34° IF 20" N - 77° 49' 05" W;
running 306° (M) to a point 34° IF 30"
N . 77r49' 31" W; running 024° (M) back
to point of origin.
(r) Masonboro Sound Area:
IIS
5:1 NORTH CAROLINA REGISTER April
1990
PROPOSED RULES
(1) Masonboro—Myrtle Grove Sound area
(west side)— all waters west northwest of
the I WW beginning at a point at the
mouth of Bradley Creek 34° 12' 23" N -
77° 49' 14" W; to Beacon No. 161 34° 03'
32" N - 77° 53' 22" W;
(2) Masonboro- Myrtle Grove Sound area
(east side) - all waters south and southeast
of a line beginning at a point on the north
end of Masonboro Island 34° 11' 06" N -
77° 48' 51" W; running 301° (M) to a
point near I WW Marker No. 129 34° 11'
22" N - 77° 49' 36" W; thence running
along the east side of the I WW to Marker
No. 161 34° 03' 32" N - 77° 53' 22" W;
(with the exception of Old Masonboro
Channel and Carolina Beach Inlet Chan-
nel).
(s) Cape Tear River Area:
(1) Cape Fear River, all waters north of a line
beginning at a point on the east shore 34°
10' 25" N - 77° 57' 03" W; running 275°
(M) through Beacon No. 53 to a point
on the west shore 34° 10' 25" N -- 77° 57'
46" W, and all waters north of a line be-
ginning at a point on the east shore 34°
04' 38" N - 77° 55' 28" W; running 275°
(M) through Beacon No. 37 to a point
on the west shore 34° 04' 38" N - 77° 56'
31" W, with the exception of 300 yards
east and west of the main shipping chan-
nel up to Beacon No. 53 (mouth of
Brunswick River);
(2) The Basin (Ft. Fisher area), east of a line
beginning at a point on the north shore
33° 57' 17" N - 77° 56' 08" W; running
156° (M) to a point on the south shore
33° 57' 04" N - 77° 56' 07" W;
(3) Walden Creek, northwest of county road
No. 1528 bridge;
(4) Baldhead Island Creeks:
(A) Baldhead Creek, southeast of a line
beginning at a point on the south shore
33° 51' 42" N - 77° 59' 10" W; running
070° (M) to a point on the north shore
33° 52' 07" N - 77° 59' 06" W;
(B) Cape Creek, southeast of a line begin-
ning at a point on the south shore 33° 51'
39" N - 77° 58' 28" W; running 026° (M)
to a point on the north shore 33° 52' 05"
N - 77° 58' 23" W;
(C) Bluff Island Creek (Fast Beach Creek),
south of a line beginning at a point on the
west shore 33° 52' 39" N - 77° 58' 11"
W; running 092° (M) to a point on the
east shore 33° 52' 40" N - 77° 58' 07" W;
(D) Deep Creek, south of a line from a
point on the southwest shore 33° 52' 42"
N - 77° 58' 05" W; running 046° (M) to
a point on the northeast shore 33° 52' 46"
N - 77° 58' 01" W;
(5) Dutchman Creek, north of a line begin-
ning at a point on the east shore 33° 55'
07" N - 78° 02' 39" W; running 294° (M)
to a point on the west shore 33° 55' 08"
N - 78° 02' 44" W;
(6) Denis Creek, west of a line beginning at
a point on the south shore 33° 55' 00" N
- 78° 03' 32" W; running 006° (M) to a
point on the north shore 33° 55' 02" N --
78° 03' 32" W;
(7) Piney Point Creek, west of a line begin-
ning at a point on the south shore 33° 54'
32" N - 78° 03' 32" W; running 007° (M)
to a point on the north shore 33° 54' 37"
N- 78° 03' 31" W;
(8) Molasses, Coward and Smokehouse
Creeks, all waters bound by the IWW and
the Flizabeth River on the north and east,
the Oak Island Coast Guard canal on the
east, Oak Island on the south and the CP
and F Discharge canal on the west;
(9) Oak Island area, all waters north and
south of the IWW from Marker No. 9 33°
55' 12" N - 78° 03' 49" W; to Beacon No.
18 33° 55' 45" N - 78° 10' 17" W.
(t) Lockwoods Folly Inlet Area:
(1) Davis Creek and Davis Canal, east of a
line beginning at a point on the north
shore 33° 55' 13" N - 78° 10' 43" W;
running 198° (M) to a point on the south
shore 33° 54' 59" N - 78° 10' 43" W;
(2) Fockwoods Folly River, north of a line
beginning at a point on the east shore 33°
56' 35" N - 78° 12' 47" W; running 268°
(M) to a point on the west shore 33° 56'
34" n - 78° 13' 24" W;
Spring Creek (Galloway Flats area), all
waters northwest of a line beginning at a
point on the south shore 33° 55' 31" N --
78° 13' 48" W; running 040° (M) to a
point on the north shore 33° 55' 41" N --
78° 13' 42" W.
(u) Shallotte Inlet Area:
(1) Shallotte River, north of a line beginning
at a point on Bill Holden's handing 33°
55' 52" N - 78° 22' 07" W; running 024°
(M) to a point on Gibbins Point 33° 56'
20" N - 78° 21' 54" W;
(2) Shallotte River, excluding Gibbs Creek,
north of a line beginning at I ong Point
33° 54' 20" N - 78° 21' 42" W; running
312° (M) to a point on Sage Island 33° 54'
37" N - 78° 22' 06" W; east of a line be-
ginning at Sage Island running 026° (M)
To a point 33° 55' 06" N - 78° 22' 09" W,
5:1 NORTH CAROLINA REGISTER April
1990
119
PROPOSED RULES
and south of a line beginning at the pre-
vious point running 081° (M) to a point
on the shore 33' 55' 18" N - 78° 21' 35"
W.
(3) Shallotte Creek (Little Shallotte River),
east of a line beginning at a point on Shell
Landing 33° 55' 44" N -- 78° 21' 40" W;
running 159° (M) to a point on Boone's
Neck Point 33° 55' 35" N - 78° 21' 34"
W;
(4) Saucepan Creek, northwest of a line be-
ginning at a point on the east shore
(■mouth of Old Mill Creek) 33° 54' 56" N
- 78° 23' 28" W; running 182° (M) to a
point on the west shore 33° 54' 41" N --
78° 23' 28" W;
(5) Old Channel area, all waters south of the
IYVW from Beacon No. 83 33° 54' 16"
N - 78° 23' 17" W; to Ocean Isle Beach
bridge 33' 53' 44" N - 78° 26' 22 " W; ex-
cept the dredged finger canals at Ocean
Isle Beach located on the south side of the
I WW between the Ocean Isle Beach
Bridge and I WW Marker No. 90.
(v) Little River Inlet Area:
( 1 ) Gause Landing area, all waters north of
the IWW from Beacon No. 90 33° 53' 53"
N - 78° 25' 37" W to the South Carolina
line;
(2) Eastern Channel Area:
(A) Needhamhole Creek, north of a line
beginning at a point on the east shore 33°
Sy 19" N - 78° 26' 48" W; running 274°
(M) to a point on the west shore 33° 53'
19" N - 78° 26' 51" W;
(B) Springbranch Creek, north of a line
beginning at a point on the east shore 33°
53r u" N - 78° 27' 17" W; running 250°
(M) to a point on the west shore 33° 53'
13" N - 78° 27' 21" W;
(C) Goldmine Creek, north of a line be-
ginning at a point on the east shore 33°
53 13" N - 78° 27' 33" W; running 260°
(M) to a point on the west shore 2>y 53'
13" N - 78° 27' 36" W;
(D) Clam Creek, north of a line beginning
at a point on the east shore 33° 53' 12" N
- 78° 27' 55" W; running 219° (M) to a
point on the west shore 33° 53' 10" N --
78° 27' 55" W;
(E) Sol's Creek, all waters north of a line
beginning at a point on the east shore 33°
53r02" N - 7S° 28' OS" W; running 224°
(M) to a point on the west shore 33° 53'
00" N - 78° 28' 12" W; and all waters
south of a line beginning at a point on the
east shore of Sol's Creek ii: 53' 22" N --
78° 28' 10" W; running 252° (M) to a
point on the west shore 33° 53' 21" N —
78° 28' 14" W;
(F) Horseford Creek, north of a line begin-
ning at a point on the east shore 33° 52'
53" N - 78° 28' 24" W; running 279° (M)
to a point on the west shore 33° 52' 53"
N - 78° 28' 29" W;
(G) Still Creek, all waters north of a line
beginning at a point on the east shore, 33°
52' 53" N - 78° 28' 44" W; running 254°
(M) to a point on the west shore 33° 52'
51" N - 78° 28' 48" W; and all waters
south of a line beginning at a point on the
east shore of Stilf Creek, 33° 53' 15" N -
78° 29' 02" W; running 270° (M) to a
point on the west shore 33° 53' 15" N --
78° 29' 05" W;
(H) Cooter Creek, north of a line beginning
at a point on the east shore 33° 52' 52" N
- 78° 29' 46" W; running 288° (M) to a
point on the west shore 33° 52' 53" N --
78° 29' 49" W;
(3) The Big Narrows Area:
(A) Big Teague Creek, west of a line be-
ginning at a point on the south shore 33°
52' 46" N - 78° 29' 59" W; running 343°
(M) to a point on the north shore 33° 52'
47" N - 78° 30' 01" W;
(B) Little Teague Creek, west of a line be-
ginning at a point on the south shore 33°
52' 54" N - 78° 30' 09" W; running 306°
(M) to a point on the north shore 33° 52'
54" N - 78° 30' 10" W;
(C) Big Norge Creek, south of a line be-
ginning at a point on the west shore 33°
52' 50" N - 78° 30' 39" W; running 076°
(M) to a point on the east shore 33° 52'
51" N - 78° 30' 36" W;
(4) Mad Inlet area, all waters south of the
IWW from the Sunset Beach bridge 33°
52' 52" N - 78° 30' 42" W to the South
Carolina line with the exception of Bona-
parte Creek;
(5) Calabash River, cast of state road No.
1 164 bridge.
Statutory Authority G.S. i 13-134; 1 13-182;
143B-289.4.
.0004 PERMANENT SECONDARY NURSERY
AREAS
(a) In the Pamlico Sound Area:
(1) Long Shoal River - north of a line be-
ginning at a point on Pains Point 35° 35'
07" N - 75° 51' 25" W, running 282° (M)
to a point on the west shore at the 5th
Avenue Canal 35° 35' 12" N - 75° 53' 16"
W.
no
5:1 NORTH C A ROUS A REGISTER April 2, 1990
PROPOSED RULES
(2) Pains Bay - east of a line beginning at a
point on the south shore 35° 34' 28" N -
75° 50' 58" W, running 350° (M) to a
point on the north shore 35° 35' 04" N -
75° 51' 12" W.
(3) Wysocking Bay - north and west of a line
beginning at Benson Point 35° 22' 58" N
- 76° 03"' 39" W, running 058° (M) to
Long Point 35° 24' 37" N - 76° 01' 19"
W.
(4) Juniper Bay-Cunning Harbor - north of
a line beginning at a point on the west
shore of Jumper Bav 35° 20' 34" N - 76°
15' 28" W, running 105° (M) through
Juniper Bay Point to a point on the east
shore of Cunning Harbor 35° 20' 15" N -
76° 12' 23" W.
(5) Swanquarter Bay - north of a line begin-
ning at a point at The Narrows 35° 20' 54"
N - 76° 20' 38" W, running 080° (M) to a
point on the east shore 35° 21' 31" N - 76°
18' 22" W.
(6) Deep Cove-The Narrows - north and east
of a line beginning at a point on the west
shore 35° 20' 54" N - 76° 23' 52" W, run-
ning 122° (M) to a point on the east shore
35° 20' 34" N - 76° 22' 57" W, and west
of a line at The Narrows beginning at a
point on the north shore 35° 20' 54" N -
76° 20' 38" W, running 175° (M) to a
point on the south shore 35° 20' 44" N -
76° 20' 35" W.
(7) Rose Bay - north of a line beginning at a
point on the west shore 35° 23' 17" N -
76° 26' 10" W, running 144° (M) to a
point on Judith Island 35° 22' 29" N - 76°
25' 15" W.
(S) Spencer Bay - west and north of a line
beginning at a point on Willow Point 35°
22r 22" N - 76° 27' 52" W, running 065°
(M) to a point 35° 23' 17" N - 76° 26' 10"
W.
(9) Able Bay - north and east of a line be-
ginning at a point on the west shore 35°
23' 36" N - 76° 31' 00" W, running 130°
(M) to a point on the cast shore 35° 23'
00" N - 76° 20' 47" W.
(10) Mouse Harbor - west of a line beginning
at a point on the south shore 35° 17' 13"
N - 76! 28' 50" W, running 352° (M) to a
point on the north shore 35° 18' 19" N -
76° 29' 06" W.
(11) Big Porpoise Bay - west of a line begin-
ning at a point on the south shore 35° 14'
57" N - 76° 28' 50" W, running 042° (M)
to a point on the north shore 35° 15 41"
N - 76° 28' 12" W.
(12) Middle Bay - west of a line beginning at
a point on the south shore 35° 13' 33" N
- 76° 29' 36" W, running 022° (M) to a
point on the north shore 35° 14' 45" N -
76° 29' 44" W.
(13) Jones Bav - west of a line beginning at a
point on Boar Point 35° 12' 22" N - 76°
31' 16" W, running 011° (M) to a point
on Mink Trap Point 35° 13' 27" N - 76°
31' 08" W.
(14) In the Bay River Area:
(A) Bonner Bay - south of a line beginning
at a point on the west shore 35° 09' 36"
N - 76° 36' 14" W, running 074° (M) to a
point on the east shore 35° 09' 57" N - 76°
35' 14" W.
(B) Gales Creek-Bear Creek (tributaries of
Bay River) - north and west of a line be-
ginning at a point on Sanders Point 35°
IP 17" N - 76° 35' 54" W, running 067°
(M) through Beacon No. 27 to a point
on the east shore 35° 11' 54" N - 76° 34'
17" W.
(b) In the Pamlico River Area:
(1) (In the Pungo River Area): Fortescue
Creek, east of a line beginning at a point
on the north shore 35° 25' 55" N - 76° 31'
58" W; running 195° (M) to a point on
the south shore 35° 25' 36" N - 76° 32' 01"
W.
(2) North Creek - north of a line beginning
at a point on the west shore 35° 25' 24"
N - 76° 40' 04" W, running 120° (M)
through Marker No. 4 to a point on the
east shore 35° 25' 16" N - 76° 40' 18" W.
(3) In the Goose Creek area:
(A) Campbell Creek - west of a line begin-
ning at a point on the south shore 35° 17'
00" N - 76° 37' 06" W, running 349° (M)
to a point on the west shore 35° 17' 19"
N - 76° 37' 08" W.
(B) Pastham Creek - east of a line begin-
ning at a point on the south shore 35° 17'
36" N - 76° 36' 24" W, running 327° (M)
to a point on the north shore 35° 17' 44"
N - 76° 36' 30" YV.
(4) Oyster Creek-Middle Prong - southwest
of a line beginning at a point on Cedar
Island 35° 19' 28" N - 76° 32' 14" W,
running 135° (M) to a point on Beard Is-
land Point 35° 19' 10" N - 76° 31' 44" W.
(c) In the Neuse River Area:
( 1) Lower Broad Creek - northwest of a line
beginning at a point on the northeast
shore 35° 05' 47" N - 76° 35' 25" W, run-
ning 228° (M) to a point on the southwest
shore 35° 05' 34" N - 76° 35' 43" W.
5:1 NORTH CAROLINA REGISTER April 2, 1990
121
PROPOSED RULES
(2) Greens Creek - above Highway 1308
Bridge.
(3) Dawson Creek - above Highway 1302
Bridge.
(4) Clubfoot Creek - south of a line begin-
ning at a point on the east shore 34° 54'
29" N - 76° 45' 26" W, running 284° (M)
to a point on the west shore 34° 54' 33"
N - 76° 45' 43" VV.
(5) (In the Adams Creek Area) Cedar Creek
- east of a line beginning at a point on the
south shore 34° 55' 52" N - 76° 38' 49"
VV, running 004° (M) to a point on the
north shore 34° 56' 05" N - 76° 38' 48"
\V.
(d) Virginia Creek - all waters of the natural
channel northwest of the primary nursery area
line;
(e) Old Topsail " Creek - all waters of the
dredged channel northwest of the primary nurs-
ery area line;
(f) Mill Creek - all waters west of a line begin-
ning at a point on the south shore 34° 24' 17" N
- 77° 42' 15" VV, running 028° (M) to a point on
the north shore 34° 20' 36" N - 77° 42' 06" W;
(g) Pages Creek - all waters west of a line be-
ginning at a point on the south shore 34° 15' 52"
N - 77° 46' 18" W, running 044° (M) to a point
on the north shore 34° 16' 09" N - 77° 46' 01"
W;
(h) Bradley Creek - all waters west of a line
beginning on the south shore 34° 12' 23" N - 77°
49' 14" W, running 021° (M) to a point on the
north shore 34° 12' 38" N - 77° 49' 09" VV.
Statutory Authority G.S. 113-134; 113-182;
143B-2S9.4.
.0005 SPECIAL SECONDARY NURSERY
AREAS
(a) In the Pamlico River Area, Pamlico River,
west of a line beginning at a point on Mauls
Point 35° 26' 56" N - 76°^55' 33" VV; running 073°
(M) to a point on Ragged Point 35" 27' 33" N -
76° 54' 21" VV:
( 1 ) Pungo River:
(A) Pungo Creek, west of a line beginning
at a point on Persimmon Tree Point 35°
31' 06" N - 76= 37' 49" VV; running 241°
(M) to a point on Windmill Point 35° 30'
48" N - 76° 38' 18" VV.
(B) Pungo River, north of a line beginning
at a point on the east shore 35' 32' 05" N
- 76° 28' 09" VV; running 277: (M)
through beacon No. 21 to a point on the
west shore 35" 32' 12" N - 76" 29' 15 VV.
(C ) Scranton Creek, south and cast of a line
beginning at a point on the west shore 35°
30' 37" N - 76° 28' 36" VV; running 085°
(M) to a point on the east shore 35° 30'
39" N - 76° 28' 12" VV.
(D) Slade Creek, east of a line beginning at
a point on the south shore 35° 27' 39" N
- 76° 32' 46" VV; running 328° (M) to a
point on the north shore 35° 27' 52" N -
76° 33' 00" VV.
(2) South Creek, west of a line beginning at a
point on Ilickorv Point 35° 21' 44" N -
76° 41' 37" VV; 'running 195° (M) to a
point on Fork Point 35° 20' 44" N - 76°
41' 48" VV.
(3) Bond Creek/Muddy Creek, south of a line
beginning at a point on Fork Point 35°
20' 44" N - 76° 41' 48" VV; running 135°
(M) to a point on Gum Point 35° 20' 32"
N-76-41' 30" VV.
(b) In the Neuse River Area:
( 1 ) Goose Creek, north and east of a line be-
ginning at a point on the south shore 35°
02' OS" N - 76° 56' 02" VV; running 331°
(M) to a point on the north shore 35° 02'
37" N - 76° 56' 27" W.
(2) Upper Broad Creek, northeast of a line
beginning at a point on the north shore
35° 03' 26" N - 76° 57' 14" VV; running
153° (M) to a point on the south shore
35° 02' 56" N - 76° 56' 49" VV.
(c) In the West Bay Area:
(1) West Thorofare Bay - south of a line be-
ginning at a point on the west shore 34°
57' 22" N - 76° 24' 03" VV, running 090°
(M) through FL R "10WB" to a point
on the easf shore 34° 57' 28" N - 76° 23'
06" VV.
(2) Long Bay-Ditch Bay - west of a line be-
ginning at a point 34° 57' 52" N - 76° 26'
37" VV, running southwest 226° (M) to a
point 34° 57' 13" N - 76° 27' 13" VV,
thence south of a line running southeast
134° (M) to a point 34= 56' 46" N - 76°
26' 26" W.
(3) Turnagain Bay - south of a line beginning
at a point on the west shore at 34° 59' 23"
N - 76° 30' 11"; thence running 084° (M)
to a point on the east shore at 34° 59' 33"
N - 76° 29' 23" W.
(d) In the Core Sound .Area:
( 1 ) Cedar Island Bay - northwest of a line
beginning at a point near the telephone
tower 34~ 57' 49" N - 76° 16' 58" W. run-
ning 049° (M) to a point at the gun club
or "clubhouse" dock 34" 58' 43" N - 76°
16' 00" W.
(2) Thorofare Bay- Barry Bay - northwest of
a line beginning at a point on Hall Point
34° 54' 25" N~ 76° 19' 09" W, running
122
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
046° (M) to a point at Rumley Hammock
34° 55' 27" N - 76° 18' 13" W.
(3) Nelson Hay - northwest of a line beginning
at a point on the west shore of Nelson
Bay 34° 51' 08" N - 76° 24' 36" W, and
running 062° (M) through Beacon No. 1
in Nelson Bay to a point on Drum Point
34° 51' 36" N - 76° 23' 48" W.
(4) Brett Bay - all waters north of a line be-
ginning at Piney Point 34° 49' 32" N -
76° 25' 06" W; running 258° (M) to a
point on the west shore 34° 49' 23" N -
76° 26' 02" W.
(5) Jarrett Bay - north of a line beginning at
a point east of Davis Island 34° 45' 46" N
- 76° 28' 45" W, and running 266° (M) to
a point on the west shore (site of Old
Chimney) 34° 45' 31" N - 76° 30' 04" W.
(e) In the North River area:
(1) North River - north of a line beginning at
a point on the west shore at the oyster
house 34° 46' 28" N - 76° 37' 07" W,
running 096° (\1) to a point on the east
shore 34° 46' 30" N - 76° 35' 47" YV.
(2) Ward Creek - east of a line beginning on
the north shore 34° 46' 13" N - 76° 34' 58"
W, running 182° (M) to a point on the
south shore 35° 45' 34" N - 76° 35' 00"
W.
(f) Newport River - west of a line beginning at
Penn Point at 34° 45' 44" N - 76° 43' 35" W;
thence running 022° (M) to a point on the north
shore at 34° 46' 47" N - 76° 43' 15" W.
(g) Cape Fear River - beginning at a point on
the south side of the Spoil Island at the inter-
section of the ICWW and the Cape Fear River
ship channel 34° OF 37" N - 77° 56' 05" W, run-
ning 106° (M) to a point on the east shore of the
Cape Fear River 34° OF 32" N - 77° 55' 00" W,
running south and bounded by the shoreline to
a point near the Ferry Slip at Federal Point 33°
57' 52" N - 77° 56' 28" W, running 353° (M)
north to a point on Bird Island 33° 58' 24" N -
77° 56' 36" W, running 013° (M) back to point
of origin.
(h) Fockwood Folly River - beginning at a
point on Ilowells Point 33° 55' 21" N - 78° 12'
47° W and running in a westerly direction along
the ICWW to a point near ICWW Marker No.
46 33° 55' 18" N - 78° 13' 54" W.
(i) Saucepan Creek - all waters north of a line
beginning at a point on the west shore 33° 54'
36" N - 78° 22' 54" W, running 062° (M) to a
point on the east shore 33° 54' 38" N - 78° 22'
49" W.
Statutory Authority G.S. J 13-/34; 1 13-182;
143B-289.4.
.0006 TRAWL NETS PROHIBITED
It is unlawful to use trawl nets in that area south
of Shackleford Banks which is east of a line
which begins at the navigation aid (buoy or bea-
con) at the westward end of the Cape Lookout
westernmost jetty and running thence N 06° 45"
E degrees (M) to the Markers' Island water tower;
The excluded area includes all of Cape Lookout
Bight, that area west of the Bight but east of the
line above that portion of Bardens Inlet which
lies southwestward of a line which begins at the
Cape Lookout Lighthouse and runs N 28° 15'
W degrees (M) to the southern end of Shackle-
ford Banks.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0007 DESIGNATED POT AREAS
As referenced in 15A NCAC 3J .0301, it is un-
lawful to use pots north and east of the Highway
58 Bridge at Emerald Isle from May 1 through
October 3 1 , except in areas described below:
(1) In Albemarle Sound and tributaries;
(2) In Roanoke Sound and tributaries;
(3) In Croatan Sound and tributaries;
(4) In Pamlico Sound and tributaries, except
the following areas and areas further de-
scribed in Paragraphs (5), (6), and (7) of this
Rule:
(a) In Wysocking Bay:
(i) Bound by a line beginning at a point on
the south shore of Lone Tree Creek 35°
25' 05" N - 76° 02' 05" W running 239°
(M) 1000 yards to a point 35° 24' 46" N -
76° 02' 32" W; thence 336° (M) 2200 yards
to a point 35° 25' 42" N - 76° 03' 16"
W; thence 062° (M) 750 yards to a point
on shore 35° 25' 54" N -' 76° 02' 54" W;
thence following the shoreline and the
Lone Tree Creek primary nursery area
line to the beginning point;
(ii) Bound by a line beginning at a point
on the south shore of Mt. Pleasant Bay
35° 23' 07" N - 76° 04' 12" W running
083° (M) 1200 vards to a point 35° 23' 17"
N - 76° 03' 32" W; thence 023° (M) 2400
yards to a point 35° 24' 27" N - 76° 03'
12" W; thence 299° (M) 1100 vards to a
point on shore 35° 24' 38" N - 76° 04' 48"
W; thence following the shoreline and the
Browns Island and Mt. Pleasant Bay pri-
mary nursery area line to the beginning
point; except pots may be set no more
than 50 yards from the shoreline.
(b) In Juniper Bay bound by a line beginning
at a point on Juniper Bay Point 35° 20'
5:1 NORTH CAROLINA REGISTER April 2, 1990
123
PROPOSED RULES
18" N - 76° 13' 22" W running 275° (M)
2300 yards to a point 35° 20' 15" N - 76°
14' 45" W; thence 007° (M) 2100 yards to
Daymarker No. 3; thence 040° (M) 1100
yards to a point on shore 35° 21' 45" N -
76° 14' 24" W; thence following the
shoreline and the Buck Creek primary
nursery area line to the beginning point.
(c) In Swanquarter Bay, bound by a line be-
ginning at a point on the north shore of
Caffee Bay 35° 21' 57" N - 76° 17' 44"
VV; running 191° (M) 800 yards to a point
on the south shore 35° 21' 35" N - 76° 17'
45" W; thence following the shoreline to
a point on shore 35° 21' 37" N - 76° 18'
22" VV; thence running 247° (M) 1300
yards to a point 35° 21' 17" N - 76° 19'
03" W; thence 340° (M) 1350 yards to a
point 35° 21' 51" N - 76° 19' 27" VV;
thence 081° (M) 1 150 yards to a point on
the north shore 35° 22' 02" N - 76° 18' 48"
W; thence following the shoreline and the
primary nursery area line to the beginning
point.
(d) In Deep Cove east of a line beginning at
a point on the south shore 35° 20' 33" N
- 76° 22' 57" VV, running 021° (M) 1800
yards to a point on the north shore 35°
21' 55" N - 76° 22' 43" VV and west of a
line beginning at a point on the south
shore 35° 20' 44" N - 76° 22' 05" VV run-
ning 003° (M) 1400 yards to a point on
the north shore 35° 21' 26" N - 76° 22' 11"
VV.
(e) In that area bound by a line beginning at
Beacon No. 1 at the mouth of Deep Cove
running 314° (M) 1400 yards to a point
on shore 35° 20' 12" N - 76° 24' 18" W;
thence 206° (M) 3250 yards to a point 35°
18' 40" N - 76° 24' 54" VV; thence 128°
(M) 2000 yards to a point 35° 18' 11" N -
76° 23' 51" W; thence 015° (M) through
the "Dope Boat" Beacon 3250 yards to
the beginning point.
(f) Off Striking Bay bound by a line bcgin-
ning at a point on the west shore of
Striking Bay 35° 23' 20" N - 76° 26' 59"
VV running 190° (M) 1900 yards to a point
35° 22' 2Y N - 76° 27' 00" W; thence 097D
(M) 900 yards to Beacon No. 2; thence
127° (M) 'l 600 yards to a point 35° 21' 55"
N - 76° 25' 43" VV; thence following the
shoreline to a point 35' 22' 30" N - 76D
25' 14" VV; thence 322° (M) 2200 yards to
a point 35° 23' 17" N - 76° 26' 10" VV;
thence following the shoreline to a point
35'J 23' 19" N - 76° 26' 24" VV; thence 335°
(M) 900 yards to a point 35' 23' 40" N -
76° 26' 43" W; thence 059° (M) 500 yards
to a point 35° 23' 30" N - 76° 26' 58" VV;
thence following the shoreline to the be-
ginning point.
(g) In Rose Bay bound by a line beginning
at a point southwest of Swan Point 35°
23' 56" N - 76° 23' 39" VV running 288°
(M) 1500 yards to a point on shore 35°
24' 03" N - 76° 24' 33" VV; thence 162°
(M) 1650 yards to a point 35° 23' 19" N -
76° 24' 04" VV; thence 084° (M) 1350 yards
to a point on shore 35° 23' 29" N - 76°
23' 17" VV; thence following the shoreline
to the beginning point.
(h) In Spencer Bay bound by a line beginning
at a point on shore at Willow Point 35°
22' 26" N - 76° 28' 00" VV running 059°
(M) 1700 yards to a point 35° 22' 57" N -
76° 27' 13" VV; thence 317° (M) 1500 yards
to a point 35° 23' 25" N - 76° 27' 57" VV;
thence 243° (M) 1300 yards to a point on
shore 35° 23' 02" N - 76° 28' 35" VV;
thence following the shoreline to the be-
ginning point.
(i) In Big Porpoise Bay bound by a line be-
ginning at a point on shore 35° 15' 58" N
- 76° 29' 10" VV running 182° (M) 750
yards to Sage Point 35° 15' 36" N - 76°
29' 06" VV; thence 1 16° (M) 850 yards to
a point 35° 15' 28" N - 76° 28' 36" VV;
thence 023° (M) 700 yards to a point on
shore 35° 15' 48" N - 76° 28' 30" VV;
thence following the shoreline to the be-
ginning point.
(j) In that area north of the target ship be-
ginning at a point 35° 14' 25" N - 76° 27'
05" VV; running 071° (M) 2000 yards to a
point 35° 14' 52" N - 76° 26' 00" VV;
thence 168° (\1) 1800 yards to a point 35°
14' 03" N - 76° 25' 39" VV; thence 273°
(M) 2000 yards to a point 35° 13' 57" N -
76° 26' 55" VV; thence 350° (M) 1000
yards to the beginning point.
(k) In Middle Bay-Jones Bay area bound by
a line beginning at Middle Bay Point 35'
14' 49" N - 76° 28' 41" VV running 131°
(M) 3550 yards to a point 353 13' 51" N -
76° 26' 53" VV; thence 214° (M) 2600 yards
to a point 35° 12' 43" N - 76° 27' 34"
VV; thence 291° (M) 2700 yards to Sow-
Island; thence 181° (M) 2350 yards to a
point 35° 11' 51" N - 76° 28' 57" VV;
thence 254r (M) 2000 yards to Red Day-
marker No. 4; thence 024° (M) 3600 yards
through Green Flasher No. 5 to Sow Is-
land Point 35° 13' 09" N - 76° 29' 2S"
VV; thence following the shoreline of
Middle Bay to Big Fishing Point 35° 14'
124
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
02" N - 76° 29' 52" W; thence 008° (M)
1 100 yards to a point on the north shore
35° 14' 33" N - 76° 29' 52" W; thence fol-
lowing the shoreline to a point 35° 14' 46"
N - 76° 29' 14" W; thence no more than
75 yards from the shoreline to the begin-
ning point.
(1) In Jones Bay bound by a line beginning
at a point on Sow Island Point 35° 13' 09"
N - 76° 29' 28" W running 204° (M) 2600
yards to Green Flasher No. 5; thence 322°
(M) 2450 yards to a point 35° 12' 48" N -
76° 30' 58" W; thence 217° (M) 1200
yards to a point on shore 35° 12' 20" N -
76° 31' 16" W; thence following the
shoreline to a point 35° 12' 52" N - 76°
31' 45" W; thence 231° (M) 600 yards to
a point 35° 12' 52" N - 76° 31' 45" W;
thence parallel with the shoreline no more
than 600 yards from shore to a point 35°
13' 11" N - 76° 32' 07" W; thence 038°
(M) to a point 600 yards from the north
shore 35° 13' 39" N - 76° 31' 54" W;
thence parallel with the shoreline no more
than 600 yards from shore to a point 35°
13' 09" N -76° 30' 48" W; thence 009° (M)
600 yards to a point on shore 35° 13' 26"
N - 76° 30' 47" W; thence following the
shoreline to the beginning point.
(m) In an area bound by a line beginning at
Boar Point 35° 12' 07" N - 76° 31' 04" W
running 106° (M) 2000 yards to Green
Flasher No. 5; thence 200° (M) 2200 yards
to a point 35° 10' 56" N - 76° 30' 10" W;
thence 282° (M) 2350 yards to Bay Point
35° 11' 02" N - 76° 31' 35" W; thence fol-
lowing the shoreline to the beginning
point.
(n) In an area at the mouth of Bay River
bound bv a line beginning at a point on
Maw Point 35° 08' 55" N - 76° 32' 10"
W running 020° (M) 1600 yards to Day-
marker No. 1; thence 134° (M) 3800 yards
to Neuse River Junction Quick Flasher;
thence 236° (M) 1700 yards to Red Day
Marker No. 2 PA; thence 314° (M) 2750
yards to the beginning point.
(o) The waters within a circular area with a
radius of 1,000 yards having its center on
the southern side of Brant Island at lati-
tude 35° 12' 30" N - lonmtudc 76° 26' 30"
W.
(5) In Pamlico River west of a line from a
point on Pamlico Point 35° 18' 42" N - 76°
28' 58" W running 009° (M) through Day-
marker No. 1 and Willow Point Shoal Bea-
con to a point on Willow Point 35° 22' 23"
N - 76° 28' 48" W pots may be used in the
following areas:
(a) In that area bound by a line beginning at
a point on the line from Pamlico Point to
Willow Point 35° 19' 24" N - 76° 28' 56"
W running westerly parallel to the shore-
line at a distance of no more than 1000
yards to a point 35° 19' 24" N - 76° 29'
09" W; thence running 218° (M) 900 yards
to a point 35° 19' 02" N - 76° 29' 24" W
100 yards from shore; thence westerly
parallel to the shoreline at a distance of
100 yards to a point 35° 19' 02" N - 76°
29' 59" W; thence 006° (M) 950 yards to
a point 35° 19' 30" N - 76° 30' 00" W;
thence westerly parallel to the shoreline
at a distance of 1000 yards to a point 35°
20' 06" N - 76° 32' 54" W; thence 198°
(M) 550 yards to a point 400 yards from
shore 35° 19' 49" N - 76° 32' 59" W;
thence parallel to the shoreline at a dis-
tance of 400 yards to a point 35° 19' 50"
N - 76° 33' 27" W; thence 008° (M) to a
point 1000 yards from shore 35° 20' 09"
N - 76° 33' 27" W; thence westerly parallel
to the shoreline at a distance of 1000 yards
to a point 35° 20' 12" N - 76° 33' 55" W;
thence 191° (M) to a point 400 yards from
shore 35° 19' 55" N - 76° 33' 56" W;
thence westerly parallel to the shoreline
at a distance of 400 yards to a point 35°
20' 00" N - 76° 34' 34" W; thence 004°
(M) 600 yards to a point 1000 yards from
shore 35° 20' 19" N - 76° 34' 35" W;
thence westerly parallel to the shoreline
at a distance of 1000 yards to Green
Flasher No. 1; thence 248° (M) parallel to
the ICWW to a point off Fulford Point
35° 19' 59" N - 76° 36' 41" W; thence 171°
(M) to a point on Fulford Point 35° 19'
41" N -76° 36' 34" W.
(b) All coastal waters and tributaries of Oy-
ster Creek, James Creek, Middle Prong
and Clark Creek.
(c) /Ml coastal waters of Goose Creek:
(i) In that area bound by a line beginning
at a point on Reed I Iammock 35° 20' 24"
N - 76° 36' 51" W running 171° (M) 300
yards to a point 35° 20' 16" N - 76° 36'
48" W; thence parallel with the shoreline
no more than 300 vards from shore to a
point 35° 20' 09" "N - 76° 37' 10" W;
thence 302° (M) 300 yards to a point on
shore 35° 20' 13" N - 76° 37' 19" W.
(ii) In that area bound by a line beginning
at a point on shore 35° 19' 58" N -^76° 37'
33" W; running 291° (M) 300 yards to a
point 35° 19' 57" N - 76° 37 21" W;
5:1 NORTH CAROLINA REGISTER April 2, 1990
125
PROPOSED RULES
thence parallel to the shoreline no more
than 300 yards from shore to a point 35°
18' 16" N - 76° 37' 16" W; thence 292°
(M) to a point on the north shore of
Snode Creek 35° 18' 15" N - 76° 37' 27"
VV.
(iii) In that area bound by a line beginning
at a point at the mouth of Goose Creek
35° 19' 59" N - 76° 36' 41" W; running
348° (M) to Green Daymarker No. 5;
thence south parallel to the shoreline no
more than 300 yards from shore to a point
35° 18' 12" N - 76° 37' 07" W; thence 112°
(M) to Store Point 35° 18' 09" N - 76° 36'
57" VV.
(iv) Between the line from Store Point to
Snode Creek and a line beginning at a
point on Long Neck Point running 264°
(M) through Beacon No. 15 to Huskie
Point from the shoreline to no more than
150 yards from shore.
(v) All coastal waters southeast of the line
from Long Neck Point through Beacon
No. 15 to Huskie Point.
(vi) Campbell Creek - west of a line from
a point on Huskie Point 35° 17' 00" N -
76° 37' 06" VV running 004° (M) to Pas-
ture Point 35° 17' 20" N - 76° 37' 08" W,
to the Inland-Commercial line.
(d) All coastal waters bound by a line begin-
ning on Reed Hammock 35° 20' 24" N
-76° 36' 51" W running 171° (M) to a
point 35° 20' 16" N - 76° 36' 47" W;
thence 100° (M) 800 yards to Red Day-
marker No. 4; thence 322° (\1) 1200 yards
to a point 35° 20' 40" N - 76° 36' 48" W;
thence westerly parallel to the shoreline
at a distance of 300 yards to a point in
Bond Creek 35° 20' 40" N - 76° 41' 37"
VV; thence 199° (M) to a point on the
south shore of Muddy Creek 35° 20' 18"
N - 76° 41' 34" VV, including all waters of
Muddy Creek up to the Inland-Coastal
boundary line.
(e) Along the west shore of Bond Creek from
Pork Point to the Coastal- Inland bound-
ary line from the shoreline to no more
than 50 yards from shore.
(f) All coastal waters of South Creek up-
stream of a line beginning at a point on
Fork Point 35° 20' 45" N - 76° 41' 47" VV
running 017° (M| to a point on Hickory
Point 35° 21' 44" N - 76° 41' 36" W.
(g) In that area bound by a line beginning at
a point at the six foot depth contour south
of Hickory Point 35° 21' 33" N - 76° 41'
39" W; thence easterly following the six
foot depth contour to a point off the east
end of Indian Island 35° 21' 42" N - 76°
38' 04" VV; thence 270° (M) to a point on
the east end of Indian Island 35° 21' 38"
N - 76° 38' 36" VV; thence following the
shoreline of Indian Island to a point on
the west end 35° 32' 37" N - 76° 39' 40"
VV; thence 293° (M) toward Daymarker
No. 1 to a point at the six foot depth
contour 35° 21' 46" N - 76° 40' 16" VV;
thence following the six foot depth con-
tour in a westerly direction to a point off
Long Point 35° '22' 42" N - 76° 42' 44"
VV; thence 233° (M) to a point on shore
35° 22' 24" N - 76° 43' 05" W.
(h) Beginning at a point on shore near Long
Point 35° 22' 29" N - 76° 43' 25" W,
running 001° (M) to a point 300 yards
offshore 35° 22' 39" N - 76° 43' 26" W;
thence westerly parallel to the shoreline
at a distance of 300 yards to a point 35°
22' 39" N - 76° 43' 59" VV; thence 209°
(M) to a point on shore 35° 22' 30" N -
76° 44' 03" VV.
(i) Beginning at a point on shore 35° 22' 30"
N -^76° 44' 27" VV, running 355° (M) to a
point offshore 35° 22' 40" N - 76° 44' 31"
VV; thence westerly parallel to the shore-
line at a distance of 300 yards to a point
35° 22' 53" N - 76° 45' 00" VV; thence
running 251° (M) to a point on shore 35°
22' 46" N - 76° 45' 14" VV.
(j) Beginning at a point on shore 35° 22' 54"
N - 76° 45' 43" VV; running 003° (M) to a
point offshore 35° 23' 03" N - 76° 45' 43"
VV; thence westerly parallel to the shore-
line at a distance of 300 yards to the in-
tersection of a line beginning on the north
shore at Gum Point 35° 25' 09" N - 76°
45' 33" VV; running 210° (M) to a point
on the south shore 35° 23' 2S" N - 76° 46'
26" VV.
(k) All coastal waters west of a line beginning
on the north shore at Gum Point 35° 25'
09" N - 76° 45' 33" VV running 210° (M)
to a point on the south shore 35° 23' 28"
N - 76° 46' 26" VV.
(1) On the north side of Pamlico River bound
by a line beginning at the intersection of
the line from Gum Point to the south
shore 500 yards from shore 35° 24' 55" N
- 76° 45' 39" VV running easterly parallel
to the shoreline at a distance of 500 yards
to a point at the six foot contour near
Adams Point 35° 23' OS" N - 76° 35' 59"
VV.
(m) All waters and tributaries of North Creek
except the marked navigation channel.
126
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
(n) In that area bound by a line beginning
at a point at the six foot contour near
Adams Point 35° 23' 08" N - 76° 35' 59"
W running westerly following the six foot
depth contour to a point off Wades Point
35° 23' 28" N - 76° 34' 09" W.
(o) Pungo River:
(i) Bound by a line beginning at Wades
Point 35° 23' 16" N - 76° 34' 30" W run-
ning 059° (M) to a point at the six foot
depth contour, 35° 23' 28" N - 76° 34' 09"
W; thence northerly following the six foot
depth contour to a point near Beacon No.
3 35° 25' 44" N - 76° 34' 46" W; thence
272° (M) 950 yards to a point on shore
35° 25' 41" N -'76° 35' 22" W.
(ii) Bound by a line beginning at a point
on shore 35° 25' 50" N - 76° 35' 37" W
running 050° (M) 1150 yards to a point
at 35° 26' 17" N - 76° 35' 10" W; thence
northerly following the six foot depth
contour to a point 35° 26' 54" N - 76° 36'
09" W; thence 314° (M) 350 yards to a
point on shore 35° 27' 00" N - 76° 36' 20"
W.
(iii) Bound by a line beginning at a point
on shore 35° 27' 14" N - 76° 36' 26" W
running 077° (M) 800 yards to a point 35°
27' 23" N - 76° 36' 02" W; thence north-
erly following the six foot depth contour
to a point off Windmill Point 35° 30' 50"
N - 76° 38' 09" W; thence 076° (M) to a
point 200 yards west of Davmarker No. 3
35° 31' 21" N - 76° 36' 37" W; thence 312°
(M) to a point at the "Breakwater" 35°
31' 36" N - 76° 37' 05" W.
(iv) All coastal waters bound by a line be-
ginning at a point at the "Breakwater" 200
yards northeast of Beacon No. 6 35° 31'
47" N - 76° 36' 51" W running 132° (M)
to a point 200 yards from Davmarker No.
4 35° 31' 31" N - 76° 36' 21" W; thence
running 102° (M) to a point 35° 31' 28"
N - 76° 35' 59" W; thence running 010°
(M) to Beacon No, 1; thence running 045°
(M) 700 yards to a point on shore 35°
32' 22" N - 76° 35' 42" W.
(v) All coastal waters north and east of a
line beginning at a point on shore west of
Lower Dowry Creek 35° 37' 24" N - 76°
35' 23" W running 177° (M) 1950 yards
to a point 200 yards north of Davmarker
No. 11 35° 36'' 27" N - 76° 35' 10" W;
thence easterly parallel to the marked
navigation channel at a distance of 200
yards to a point on the shore northwest
of Wilkerson Creek 35° 33' 13" N - 76°
27' 36" W.
(vi) All coastal waters south of a line be-
ginning on shore south of Wilkerson
Creek 35° 33' 02" N - 76° 27' 20" W run-
ning westerly parallel to the marked navi-
gation channel at a distance of 200 yards
to a point southeast of Daymarker No.
14 35° 31' 05" N - 76° 32' 34" W; thence
running 208° (M) to a point on shore 35°
30' 56" N - 76° 32' 58" W.
(vii) All coastal waters bound by a line be-
ginning on shore east of Durants Point
35° 30' 29" N - 76° 33' 25" W running
347° (M) to a point southwest of Day-
marker No. 12 35° 31' 08" N - 76° 33' 53"
W; thence westerly parallel to the marked
navigation channel at a distance of 200
yards to a point south of Beacon No. 10
35° 31' 08" N - 76° 35' 35" W; thence
running 185° (M) to a point at the six foot
depth contour between Beacon No. 8 and
the eastern shore of Pungo River 35° 30'
08" N - 76° 35' 28" W; Thence following
the six foot depth contour to a point 35°
28' 09" N - 76° 33' 43" W; thence 127°
(M) to a point on shore 35° 28' 00" N -
76° 33' 25" W; thence 159° (M) to a point
at the six foot depth contour 35° 27' 40"
N - 76° 33' 12" W including the waters of
Slades Creek and its tributaries; thence
209° (M) to a point on shore 35° 27' 22"
N - 76° 33' 21" W; thence 272° (M) to a
point at the six foot depth contour 35° 27'
18" N - 76° 33' 53" W; thence southerly
following the six foot depth contour to a
point south of Sandy Point 35° 26' 35" N
- 76° 33' 50" W; thence 087° (M) to a
point on shore 35° 26' 38" N - 76° 33' 34"
W.
(viii) In that area bound by a line beuinning
at a point on shore 35° 26' 20" N - 76° 33'
18" W running 176° (M) to a point at the
six foot depth contour 35° 26' 05" N - 76°
33' 13" W; thence southerly following the
six foot depth contour throughout For-
tcscuc Creek to a point off Fortcscuc
Creek 35° 25' 44" N - 76° 32' 09" W;
thence 145° (M) to a point on shore 35°
25' 36" N - 76° 32' 01" W.
(ix) In that area bound by a line beginning
at a point on shore 35° 25' 20" N -76° 32'
01" W running 258° (M) to a point at the
six foot depth contour 35° 25' 17" N - 76°
32' 18" W; thence following the six foot
depth contour to a point 500 yards west
of Currituck Point 35= 24' 30" N - 76°
32' 12" W; thence southeasterly parallel to
the shoreline and including Abel Bay at a
distance of 500 yards to a point at the in-
5:1 NORTH CAROLINA REGISTER April 2, 1990
127
PROPOSED RULES
tersection of the line from Pamlico Point
to Willow Point 35° 22' 09" N - 76° 28'
48" W.
(6) In Bay River west of a line beginning at a
point on Maw Point 35° 09' 02" N - 76°
32' 09" W running 022° (M) to a point on
Bay Point 35° 11' 02" N - 76° 31' 34" W,
pots may be used in the following areas:
(a) In that area beginning at a point on Maw
Point 35° 09' 02" N - 76° 32' 09" W;
running 018° (M) to Green Daymarker
No. 1; thence 223° (M) to a point on
shore in Fisherman Bay 35° 09' 10" N -
76° 32' 38" W.
(b) In Fisherman Bay bound by a line be-
ginning at a point on the shore west of
Maw Point 35° 09' 18" N - 76° 33' 02"
W; thence 351° (M) 3200 yards to lighted
Beacon No. 3 in Bay River; thence 230°
(M) 1200 yards to a point on the shore
35° 10' 24" N - 76° 34' 00" W.
(c) In that area bound by a line beginning at
a point on the east shore at the mouth of
Bonners Bay 35' 10' 05" N - 76° 35' 18"
YV; thence 306° (M) 300 yards to a point
in Bay River, 35° 10' 10" N - 76° 35' 30"
YV; thence parallel to the shoreline no
more than 300 yards from shore to a point
in Bay River 35° 10' 40" N - 76° 34' 42"
YV; thence 188° (M) to a point on shore
35° 10' 27" N - 76° 34' 42" W.
(d) In Bonner Bay bound by a line beginning
at a point on the east shore 35° 10' 05" N
- 76° 35' 18" W running 306° (M) 200
yards to a point 35° 10^09" N - 76° 35'
25" W; thence parallel to the shoreline no
more than 200 yards offshore to a point
35° 09' 16" N - 76° 34' 38" W; thence 097°
(M) 200 yards to a point on shore 35° 09'
16" N - 76° 35' 13" W.
(e) In Bonner Bay, Spring Creek and Fong
Creek south of a line beginning at a point
on the east shore 35° 09' 16" N - 76° 35'
13" YV running 274° (M) to a point on
the west shore 35° 09' 14" N - 76° 35' 43"
YV.
(0 In Bonner Bay bound by a line beginning
at a point on the west shore i5° 09' 14"
N - 76° 35' 14" W running 094° (M) 100
yards to a point 35° 09' 13" N - 76° 35'
39" YV; thence parallel to the shoreline no
more than 100 yards offshore to a point
in Riggs Creek 35° 09' 15" N - 76° 36' 08"
YY'; thence 142' (M) to a point on shore
35° 09' 13" N - 76° 36' 08" YV.
(g) In that area bound by a line beginning
on the south shore of Bay River west of
Bell Point 35° 09' 40" N - 76° 40' 00" YV,
running 314° (M) to a point 200 yards
offshore 35° 09' 43" N - 76° 40' 06" YV;
thence no more than 200 yards from the
shoreline to a point 35° 09' 53" N - 76°
36' 45" YV; thence 102° (M) to a point 35°
09' 50" N - 76° 35' 54" YV; thence 181°
(M) to a point 35° 09' 36" N - 76° 35' 51"
W; thence 237° (M) to a point in Riggs
Creek 35° 09' 18" N - 76° 36' 12" YV;
thence 322° (M) to a point on shore at the
mouth of Riggs Creek 35° 09' 21" N - 76°
36' 18" YV.
(h) In that area on the south side of Bay
River bound by a line beginning at a point
on shore at the confluence of Bay River
and Trent Creek 35° 08' 27" N - 76° 43'
12" YV running 016° (M) 150 yards to a
point 35° 08' 31" N - 76° 43' 11" YV;
thence no more than 1 50 yards from shore
to a point 34° 08' 59" N - 76° 40' 19" YV;
thence 116° (M) to a point on shore at
Moores Creek 34° 08' 57" N - 76° 40' 14"
YV.
(i) In Bay River and Trent Creek west of a
line beginning at a point on the south
shore 35° 08' 27" N - 76° 43' 12" YV run-
ning 016° (M) to a point on the north
shore 35° 08' 39" N - 76° 43' 09" YV.
(j) In that area on the north shore of Bay
River bound by a line beginning at a point
west of Vandemere Creek 35° 10' 53" N -
76° 39' 42" YV running 135° (M) 150 yards
to a point 35° 10' 52" N - 76° 39' 39" YV;
thence no more than 150 yards from shore
to a point at the confluence of Bay River
and Trent Creek 35° 08' 37" N - 76° 43'
10" W; thence to a point on the north
shore 35° 08' 39" N - 76° 43' 09" YV.
(k) In Vandemere Creek northeast of a line
beginning at a point on the east shore 35°
IF 04" N - 76° 39' 22" YV running 315°
(M) to a point on the west shore 35° IF
12" N - 76° 39' 36" YV.
(1) In that area bound by a line beginning at
a point at the mouth of Vandemere Creek
35° IF 04" N - 76° 39' 22" YV, running
216° (M) 200 yards to a point in Bay
River 35° 10' 58" N - 76° 39' 25" YV;
thence parallel to the shoreline no more
than 200 yards from shore to a point in
Bav River northwest of Beacon No. 4 35°
10'' 40" N - 76° 36' 38" YV; thence 344°
(M) 200 yards to a point on shore 35" 10'
45" N - 76° 36' 42" YV.
(m) In that area bound by a line beginning
at a point on Sanders Point 35° IF 19"
N - 76° 35' 54" YV; running 067' (M) 200
yards to a point 35° 11' 23" N - 76° 35'
128
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
47" W; thence following the shoreline no
more than 200 yards from shore to a point
in Bay River northwest of Beacon No. 4
35° 10' 40" N - 76° 36' 38" W; thence
344° (M) 200 yards to a point on the
shore 35° 10' 45" N - 76° 36' 42" W.
(n) In that area beginning at a point on shore
35° 12' 02" N - 76° 35' 58" W, running
162° (M) 500 yards to a point 35° 11' 38"
N - 76° 35' 50" W; thence parallel to the
shoreline no more than 500 yards from
shore to a point 35° 11' 56" N - 76° 35'
04" W; thence 339° (M) 500 yards to a
point on shore at the mouth of Gales
Creek 35° 12' 09" N - 76° 35' 12" \V.
(o) In that area bound by a line beginning
at a point on shore at the mouth of Gale
Creek 35° 12" 08" N - 76° 34' 52" W,
running 278° (M) 200 yards to a point in
Bay River 35° 12' 08" N - 76° 35' 02" W;
thence running parallel to the shoreline at
a distance of 200 vards to a point in Bay
River 35° 11' 32" N - 76° 33' 24" W;
thence running 352° (\1) 200 yards to a
point on shore at Dump Creek 35° 1 1' 39"
N - 76° 33' 25" YV.
(p) In Gale Creek except the Intracoastal
Waterway north of a line beginning at a
point on the west shore 35° 12' 08" N -
76° 35' 12" W running 098° (M) to a point
on the west shore 35° 12' 08" N - 76° 34'
52" W.
(q) In an area bound by a line beginning at
a point on the eastern, shore at the mouth
of Rockhole Bay 35° 11' 06" N - 76° 32'
11" W; thence 180° (M) 600 yards to a
point in Bay River 35° 10' 49" N - 76° 32'
09" W; thence cast with the five foot curve
1 100 yards to a point 35° 10' 36" N - 76°
31' 30" W; thence 000° (M) 850 yards to
a point on Bay Point 35° 11' 02" N - 76°
31' 34" W.
(7) In the Neuse River and West Bay Area
south and west of a line beginning at a point
on Maw Point 35° 09' 02" N - 76° 32' 09"
YV, running 137° (M) through the Maw
Point Shoal Day Marker No. 2 and through
the Neuse River Entrance light to a point
at the mouth of West Bay 35° 02' 09" N -
76° 21' 53" W, pots may be set in the fol-
lowing areas:
(a) All coastal fishing waters northwest of a
line beginning at a point at the mouth of
Slocum Creek 34° 57' 02" N - 76° 53' 42"
W, running 029° (M) to a point at the
mouth of Beards Creek 35° 00' 08" N -
76° 52' 13" W. Pots may also be set in
coastal fishing waters of Goose Bay and
Upper Broad Creek.
(b) In that area bound by a line beginning
at a point on the north shore at Mill
Creek 34° 59' 34" N - 76° 51' 06" W;
thence running 223° (M) approximately
300 yards into the river to a point 34° 59'
25" N - 76° 51' 14" W; thence along the
six foot depth curve southeast to a point
at the rock jetty 34° 58' 06" N - 76° 49'
14" W; thence 016° (M) approximately
300 vards to a point on the shore 34° 58'
17" N - 76° 49' 12" W.
(c) In that area bound by a line beginning at
a point on the north shore approximately
500 yards west of Pierson Point 34° 58'
32" N - 76° 46' 38" W; thence running
171° (M) approximately 300 yards into
the river to a point 34° 58' 24" N - 76° 46'
34" W; thence east and northeast along
the six foot curve to a point in the river
34° 58' 47" N - 76° 45' 39" W; thence 330°
(M) approximately 700 yards to a point
on the shore 50 yards west of an existing
pier 34° 59' 04" N - 76° 45' 54" W.
(d) In that area bound by a line beginning at
a point on the north shore east of Dawson
Creek Bridge 34° 59' 34" N - 76° 45' 12"
W; thence running 244° (M) approxi-
mately 500 yards to Day Marker No. 4
(entrance to Dawson Creek Channel);
thence running east 117° (M) to a point
34° 59' 22" N - 76° 45' 19" W; thence cast
and northeast along the six foot curve to
a point 50 yards west of Day Marker No.
3 (channel to Oriental) 35° 01' 02" N - 76°
41' 51" W; thence 303° (M) approximately
600 yards to a point on the eastern tip of
Windmill Point 35° 01' 10" N - 76° 42' 08"
W.
(c) In Greens Creek (Oriental) west of a line
at the confluence of Greens and Kershaw
Creeks beginning at a point on the south
shore 35° 0 b 28" N - 76° 42' 55" W run-
ning 005° (M) to a point on the north
shore 35° 01' 38" N - 76° 42' 54" W, no
more than 75 yards from the shoreline
east of this line to the Highway 55 bridge.
(f) In that area bound by a line beginning at
a point on Whittaker Point 35° 01' 37" N
- 76° 40' 56" \V; thence running 1()2° (M)
approximately 500 yards to a point in the
river 35° 01' 23" N - 76° 40' 57" W; thence
along the six foot depth curve northeast
to a point in the river off Orchard Creek
35° 03' 18" N - 76° 37' 53" W; thence 280°
(M) approximately 900 yards to a point
5:7 NORTH CAROLINA REGISTER April 2, 1990
129
PROPOSED RULES
on the eastern tip of Cockle Point 35° 03'
20" N - 76° 38' 27" VV.
(g) In that area bound by a line beginning at
a point on the north shore near the mouth
of Orchard Creek 35° 03' 38" N - 76° 37'
54" W running 177° (M) approximately
400 yards to a point 35° 03' 27' N - 76°
37' 54" W; thence along the six foot depth
curve to a point eastward; thence 174°
(M) 600 vards to a point on the north
shore 35° 03' 56" N - 76° 36' 42" W.
(h) In that area bound by a line beginning
at a point on the north shore approxi-
mately 400 yards south of Gum Thicket
Creek 35= 04' 12" N - 76° 36' 11" W;
thence running 132° (M) approximately
600 yards to anoint 35° 03' 55" N - 76°
35' 48" \V; thence along the six foot depth
curve eastward to a point 35° 04' 10" N -
76° 34 37" \V; thence 304° (M) to a point
on the shore 400 yards north of Gum
Thicket Creek 35° 04' 38" N - 76° 35 42"
W.
(i) In Lower Broad Creek east of a line run-
ning 188° (M) through Red Day Marker
No. 4. No more than 150 yards from
shore between a line running 188° (M)
through Red Day Marker No. 4 and a line
running 228° (M) through Green Marker
No. 3. Pots may not be set in Burton
Creek.
(j) Piney Point Shoal rVrea, in that area
bound by a line beginning at a point on
the north side of a creek (locally known
as YV'adin or Persimmon Creek) 35° 07'
17" N - 76° 33' 26' VV running 1 1 5= (M)
approximately 300 yards to a point near
the six foot depth curve 35° 07' 15" N -
76° 33' 16" VV; thence south and southeast
along the six foot depth curve to a point
east of the old lighthouse 35° 05' 17" N -
76° 32 42" \V; thence 28S° (M) through
the old lighthouse to a point on shore
north of Red Day Marker No. 2 at the
mouth of Broad Creek 35° 05' 42" N - 76°
35' 18" W.
(k) In that area bound by a line beginning at
a point on the south shore of Maw Bay
35° OS' 32" N - 76= 32' 3S" VV; thence
running 114= (M) to Maw Point Shoal
Dav Marker No. 2; thence 317° (Ml to
Maw Point 35c OS' 55" N - 76 32 11"
\V.
(1) In that area east of Slocum Creek bound
by a line beginning at a point 34° 57' 02"
N - 76° 53' 42 W; thence running 029 =
(Ml approximately 1100 yards to a point
34 57' 32" N - '~6: 53" 2S W; thence
alona the six foot curve to a point 34° 56'
34" N - 76° 49' 38" W; thence 176° (M)
approximately 300 yards to a point 34° 56'
26" N - 76° 49' 35" W.
(m) In that area bound by a line beeinnina
at a point 34° 56' 22" N - 76° 49' 05" VV,
running 057° (M) approximately 1100
yards to Day Marker "2" off Cherry
Point; thence 097° (M) approximately 200
yards to a point 34° 56' 42" N - 76° 48'
27" W; thence along the six foot curve to
a point 34° 55' 10" N - 76° 45' 40" \V;
thence 187° (M) approximately 400 yards
to a point on Temple Point 34° 54' 58"
N - 76= 45' 40" VV.
(n) In that area southeast of a line beginning
at a point at the mouth of Clubfoot Creek
34° 55' 20" N - 76° 45' 09" VV running
076° (M) to a point on shore 34° 55' 37"
N - 76= 44' 2i" VV.
(o) In Clubfoot Creek south of a line begin-
ning at a point on the east shore 34° 54'
30" N - 76° 45' 26" VV, running 284' (M)
to a point on the west shore 34° 54' 33"
N - 76° 45' 43" VV. Pots may be set 50
yards from shore north of this line.
(p) In that area bound by a line beginning
at the western tip of Great Island 34° 55'
47" N - 76° 44' 50" VV; thence running
275° (M) approximately 500 vards to a
point 34° 55' 46" N -' 76= 45' 07" VV;
thence 029° (M) approximately 1400
yards to a point 34° 56' 24" N -76° 44'
48" VV; thence 120° (M) to a point 34° 56'
06" N - 76° 43' 59" VV; thence 232° (M)
to a point on Great Island 34° 55' 50" N
. 76° 44' 17" VV.
(q) In that area bound by a line beginning
at a point west of Pong Creek 34° 55' 38"
N - 76° 44' 18" VV running 064° (M) to a
point 34° 55' 57" N - 76° 43' 43" VV;
thence 138° (M) to a point on shore at the
mouth of Great Neck Creek 34: 55' 50"
N - 76° 43' 25" VV.
(r) In that area bound by a line beginning at
a point at the mouth of Great Neck Creek
34c 55 50" N - 76: 43' 25" VV. running
318° (M) 750 yards to a point 34= 56' 04"
N - "6° 43' 47" VV; thence following the
shoreline no more than 750 yards from
shore to a point 34= 56' 50" N - 76° 43'
11 VV; thence 116= (M) 750 yards to a
point on shore at Courts Creek 34= 56'
42 N - 76° 42' 46" VV.
(s) In that area bound by a line beginning at
a point on Courts Creek 34= 56 42" N -
76' 42 46 VV. running 296= (M) 1000
yards to a point 34= 56' 52" N - ~6; 43'
130
5:1 XORTH CAROLIXA REGISTER April 2, 1990
PROPOSED RULES
20" VV; thence parallel with the shoreline
no more than 1000 yards to a point 34°
57' 53" N - 76° 41' 59" W; thence 190°
(M) 1000 yards to a point on shore 34°
57' 24" N - 76° 42' 00" \V.
(t) In that area bound by a line beginning at
a point on shore, 34° 57' 24" N - 76° 42'
00" W, running 010° (M) 500 yards to a
point 34° 57' 38" N - 76° 42' 00" W;
thence running parallel to the shoreline
no more than 500 yards from shore to a
point 34° 57' 33" N - 76° 41' 00" W;
thence 179° (M) to a point 34° 57' 23" N
- 76° 40' 58" W; thence 260° (M) to a
point on shore at the mouth of Adams
Creek 34° 57' 22" N - 76° 41' 10" W.
(u) In that area bound by a line beginning
at a point on the northeast side of Adams
Creek 34° 57' 30" N - 76° 40' 36" W;
thence 278° (M) 225 yards offshore to a
point 34° 57' 30" N - 76° 40' 45" W;
thence 359" (M) to a point off Winthrop
Point 34° 58' 26" N - 76° 40' 56" W;
thence running 056° (M) to a point off
Cedar Point 34° 59' 07" N - 76° 40' 04"
W; thence 140° (M) to the shoreline on
Cedar Point 34° 58' 50" N - 76° 39' 41"
W.
(v) In that area bound by a line beginning at
a point on Cedar Point 34° 58' 50" N -
76° 39' 41" VV, running 320° (M) 750
yards to a point 34° 59' 05" N - 76° 40'
01" W; thence parallel to the shoreline no
more than 750 yards from shore to a point
34° 59' 16" N - 76° 39' 31" VV; thence 167°
(M) to a point on shore 34° 58' 56" N -
76° 39' 21" W.
(w) In that area bound bv a line beginning
at a point on shore 34° 58' 56" N - 76°
39' 21" VV running 347° (M) to a point 34°
59' 03" N - 76° 39' 24" W; thence parallel
to the shoreline no more than 200 yards
from shore to a point 34° 59' 08" N - 76°
38' 47" VV; thence 184° (M) to a point on
shore 34° 59' 01" N - 76° 35' 25" VV.
(x) In that area bound by a line beginning at
a point west of Garbacon Creek 34° 59'
01" N - 76° 38' 43" VV, running 004° (M)
750 yards to a point 34° 59' 23" N - 76°
38' 46" VV; thence parallel with the shore-
line no more than 750 yards from shore
to a point off Browns Creek 35° 00' 20"
N - 76° 33' 45" VV; thence 172° (M) to the
shoreline on the west side of Browns
Creek 34° 59' 57" N - 76° 33' 35" VV.
(y) In that area bound by a line beginning at
a point on shore at the mouth of Browns
Creek 34° 59' 55" N - 76° 33' 29" VV,
running 352° (M) 750 yards to a point on
35° 00' 22" N - 76° 33' 34" VV; thence
parallel to the shoreline no more than 750
yards from shore to a point 35° 03' 56" N
- 76° 28' 56" W; thence 136° (M) 750
yards to a point on shore north of Rattan
Bay 35° 03' 45" N - 76° 28' 32" VV.
(z) In that area bound by a line beginning
on the north side of Rattan Bay at a point
on the shoreline 35° 03' 45" N - 76° 28'
32" VV; thence running 316° (M) 600 yards
offshore to a point 35° 03' 54" N - 76° 28'
52" VV; thence running parallel with the
shoreline 600 yards offshore to a point 35°
04' 09" N - 76° 26' 44" VV; thence 239°
(M) 600 yards to a point on shore 35° 04'
57" N - 76° 27' 00" VV.
(aa) In Adams Creek:
(i) Between a line running 080° (M)
through Red Flasher No. 4 at the mouth
of Adams Creek and a line beginning at a
point on the south shore of Cedar Creek
34° 55' 52" N - 76° 38' 49" VV, running
297° (M) to a point on the west shore of
Adams Creek 34° 56° 03" N - 76° 39' 27"
VV, no more than 200 yards from shore.
(ii) Between a line beginning at a point at
the mouth of Cedar Creek 34° 55' 52" N
- 76° 38' 49" VV; running 297° (M) to a
point on the west shore of Adams Creek
34° 56' 03" N - 76° 39' 27" VV, and a line
beginning at a point on the east shore 34°
54' 55" N - 76° 39' 36" VV; running 280°
(M) to a point on the west shore 34° 54'
55" N - 76° 40' 01" VV; no more than 300
yards from the west shore and 200 yards
from the east shore.
(iii) South of a line beginning at a point on
the east shore 34° 54' 55" N - 76° 39' 36"
VV, running 280° (M) to a point on the
west shore 34° 54' 55" N - 76° 40' 01" VV,
except in the marked navigation channel,
(bb) In South River:
(i) Southeast of a line beginning at a point
on the southwest shore 34° 58' 35" N -
76° 35' 25" VV, running 049° (M) through
Red Flasher No. 2 to a point on the nor-
theast shore 34° 59' 07" N - 76° 34' 52"
VV, no more than 200 yards from the
shoreline.
(ii) that area bound by a line beginning at
a point on the southwest shore 34° 58' 35"
N - 76° 35' 25" VV, running 049° (M) to
Red Flasher No. 2; thence running 207°
(\1) to a point north of I lard v Creek 34°
58' 13" N - 76° 35' 22" VV; thence follow-
ing the shoreline to the point of begin-
ning.
5:1 NORTH CAROLINA REGISTER April 2, 1990
131
PROPOSED RULES
(cc) In Tumagain Bay:
(i) Between a line running 077° (M)
through Green Flasher No. 1 and a line
beginning at a point on the east shore 34°
59r04" N - 76° 29' 01" W; running 276°
(M) to a point on the west shore 34° 59'
03" N - 76° 29' 28" W, no more than 300
yards on the east shore and 100 yards on
the west shore.
(ii) Between a line beginning at a point on
the east shore 34° 59' 04" N - 76° 29' 01"
W, running 276' (M) to a point on the
west shore 34° 59' 03" N - 76° 29' 28" \Y,
and a line beginning at a point on the east
shore 34° 57' 56" N - 76° 29' 25" W,
running 275° (M) to a point on the west
shore 34° 57' 58" N - 76° 29' 44" W, no
more than 150 yards from shore,
(dd) In Cedar Bay east of a line beginning at
a point 35° 00' 51" N - 76° 29' 42" W
running 023' (M) to a pomt 35° 01' 09"
N - 76° 29' 37" W, not more than 200
yards from the shoreline.
(ee) In West Bay - North Bay area:
(i) In that area bound bv a line bediming
at a pomt 35= 02' 32" N - 76' 22' 27" W;
thence southwest 220° (M) to Marker No.
5 W'B; thence southeast 161° (M) to a
point in West Bay 35° 00' 34" N - 76° 21'
50" W; thence southwest 1S4° (M) to
Deep Bend Point 34° 58' 36" N - 76° 21'
48" W; thence following the shoreline of
West Bay and North Bay to a point 35°
02' 09" N - 76° 21' 53" W; thence 317°
(M) to the beginning point.
(ii) In West Bay bound by a line beginning
at a point on shore 35° 03' 34" N -76° 26'
24 W, running 033° (M) 100 yards to a
point 35° 03' 38 N - 76° 26' 23" W:
thence parallel to the shoreline no more
than 100 yards from shore to a point 35°
00' 06" N - 76° 25' 24" W, running 278°
(M) to a point on shore 35° 00' 06" N -
76° 25' 28" W.
(iii) In West Bay bound by a line beginning
at a pomt 35°' 00' 06" N - 76° 25' 28" W,
running 098: (M) 500 yards to a point 35c
00' 06'rN - 76° 25 12" W; thence 17 T
(M) 2800 yards to a point 34° 58' 45" N -
76= 24 42 ' W: thence 270° (M) 1400 yards
to a point on shore 34° 58' 39" N - 76°
25' 22" W.
(ff) In West Thorofare Bay and Merkle Bay
south and southeast of a line beginning at
a point in West Bay at Tump Point 34°
58' 42" N - 76° 22' 49" W: thence south-
west 258° (M) to Marker Fl R15 ft. 3M
S WB: thence southwest 203° (M) to
Fong Bay Point 34° 57' 52" N - 76° 24'
12" W.
(gg) In Fong Bay:
(i) In that area bound by a line beginning
at a point on the south side of Stump Bay
in Fong Bay 34° 57' 13" N - 76° 27' 12"
W; running northeast 077° (M) across
Stump Bay to a point 34° 57' 39" N - 76°
25' 51" W; thence 032° (M) to a point 34°
58' 39" N - 76° 25' 22" W, following the
shoreline to the beginning point,
(ii) Southwest of a line beginning on the
west shore 34° 57' 13" N - 76° 27' 12"
W, running 134° (M) to a point on the
east shore at Swimming Point 34° 56' 46"
N - 76° 26' 26" W.
(iii) In the area bound by a line beginning
at a point on shore at Swimming Point
34° 56' 46" N - 76° 26' 26" W, running
314° (M) 300 yards to a point 34° 56' 52"
N - 76° 26' 33" W; thence parallel to the
shoreline no more than 300 yards from
shore to a point 34° 58' 03" N - 76° 24'
10" W; thence 203° (M) to Fong Bay
Pomt 34° 57' 52" N - 76° 24' 12" W
(hh) Raccoon Island, on the northeast shore
between a point on the northwest shore
35° 04' 27" N - 76° 26' 16" W and a point
on the southwest shore 35° 04' 00" N - 76°
25 33" W from the shoreline no more
than 150 yards from shore; on the south
and west shores, no more than 50 yards
from the shoreline.
(8) Core Sound, Back Sound and the Straits
and their tributaries.
(9) North River:
(a) In that area bound by a line beginning at
a point on the shore on the east side of
North River south of Goose Bay 34° 43'
35" N - 76° 34' 55" W; thence running
252° (M) to a point in the river 34° 43' 28"
N - 76° 35' 14" W; thence rumiing 355°
(M) to a point in the river 34° 45' 20" N
- 76° 35' 45" W; thence running 060° (M)
to a point in the river 34° 45' 45" N - 76°
25' 04 W; thence running I65e (M) to a
point on the shore at the mouth of South
Feopard Creek 34c 45' 36" N - 76° 34' 59"
W: thence with the shoreline to the point
of beginning.
(b) In that area bound by a line beginning
at a point on the west side of North River
near Steep Point 34° 43' 40" N - 76° 37'
20" W; thence running 040° (M) to a
pomt 34° 44 35" N - 76° 36' 36 W;
thence running 291° M 300 yards to a
pomt 34° 44' 37" N - 76° 36' 45" W;
thence running 219° (M) to a point 34°
132
5:1 \ORTH CAROLI.XA REGISTER April 2, 1990
PROPOSED RULES
44' 13" N - 76° 37' 05" W; thence running
307° (M) to a point 34° 44' 16" N - 76°
37' 12" W; thence running 018° (M) to a
point 34° 45' 20" N - 76° 36' 56" W fol-
lowing the shoreline to the beginning
point.
(c) In that area of the North River marshes
bound by a line beginning at Red Flasher
No. "6" running 038° (M) along the
southeast side of Steep Point Channel
through Red Day Marker No. "8" to a
point 34° 44' 08" N - 76° 36' 52" W;
thence 125° (M) to a point 34° 43' 48" N
- 76° 36' 08" W; thence 144° (M) to a
point 34° 43' 30" N - 76° 35' 47" W;
thence 188° (M) to a point 34° 42' 23" N
- 76° 35' 47" W; thence 221° (M) to Red
Flasher No. "56"; thence 278° (M) to a
point 34° 42' 14" N - 76° 36' 43" W;
thence 346° (M) to a point 34° 42' 45" N
- 76° 36' 58" W; thence 008° (M) to a
point 34° 43' 14" N - 76° 36' 58" W;
thence 318° (M) to the beginning point.
(d) In the area north of a line beginning on
the east shore at 34° 46' 11" N - 76° 35'
13" W; thence running 270° (M) to a
point on the west shore at 34° 46' 11" N
- 76° 37' 01" W.
(10) Newport River:
(a) In that area bound by a line beginning at
a point on the south shore 34° 45' 30" N
- 76° 43' 10" W; thence running 026° (M)
to a point on the north shore of Newport
River 34° 46' 33" N - 76° 42' 46" W;
thence with the shoreline to Beacon No.
24 in Core Creek; thence south with the
Intracoastal Waterway to a point near
Newport Marshes 34° 44' 56" N - 76° 45'
38" W; thence 274° (M) to Crab Point 34°
44' 54" N - 76° 42' 12" W; thence with the
shoreline to the beginning point.
(b) In that area bound by a line beginning
at a point on the shore on the south side
of Russell's Creek 34° 45' 28" N - 76° 39'
46" VV running 278° (M) 1000 yards to
Quick Flasher Beacon No. 29 in the In-
tracoastal Waterway; thence running 173'
(M) 1700 yards with the shoal to a point
34° 44' 37" N - 76° 40' 06" W; thence
195° (M) 1050 yards to a point on Gallant
Point 34° 44' *06" N - 76° 40' 11" W;
thence east and north with the shoreline
to the beginning point.
(c) In the mouth of Harlowc Creek north of
a line beginning at a point near White
Rock 34° "46' 28" N - 765 43' 28" W, run-
ning 089' (M) to a point 34° 46' 33" N -
76° 42' 46" W.
(11) Bogue Sound:
(a) In that area bound by a line beginning at
a point 34° 42' 16" N - 76° 49' 24" W on
the south shore of Bogue Sound (locally
known as McGinnis Point) running 008°
(M) to a point in Bogue Sound 34° 43'
12" N - 76° 49' 24" W; thence running
099° (M) to Atlantic Beach Bridge 34° 43'
08" N - 76° 44' 12" W; thence 119° (M)
to a point on the shore at Tar Landing
Bay 34° 42' 30" N - 76° 42' 12" W; thence
191° (M) to a point on Bogue Banks 34°
42' 00" N - 76° 42' 15" W; thence with the
shoreline to the beginning point.
(b) In that area north of the Intracoastal
Waterway beginning at the Atlantic Beach
Bridge and running parallel with the In-
tracoastal Waterway to Channel Marker
(Beacon) No. 39 at Bogue (Guthrie
Point).
(c) In that area on the north side of the In-
tracoastal Waterway from the Old Ferry
Channel to the Highway 58 bridge.
(12) Designated primary nursery areas in all
coastal fishing waters which are listed in
Rule 15A NCAC 3R .0003, except Burton
Creek off Lower Broad Creek in Pamlico
County.
(13) West and south of the Highway 58 Bridge
at Fmerald Isle from May 1 through Octo-
ber 3 1 in areas and during such times as the
Fisheries Director shall designate by procla-
mation.
Statutory Authority G.S. 113-134; 113-182;
113-221'; 143B-289A.
.0008 MECHANICAL METHODS PROHIBITED
(a) It is unlawful to use mechanical methods
to take oysters in Pamlico Sound, within the area
bounded by a line beginning at a point on the
north side of Swash Inlet 34° 58' 50" N - 76° 09'
13" W; thence running 272° (M) 5,420 yards to
a point in Wainwright Channel 34° 59' 30" N -
76° 12' 22" W immediately east of the northern
tip of Wainwright Island; thence 019° (M) 2,000
yards to red 4 second interval flashing beacon
"2CS" 353 00' 16" N - 76° 12' 12" W; thence 0333
(M) 2,900 yards to 4 second interval flashing
beacon "ML" 35° 01' 35" N - 76° 1 1' 27" W;
thence 043 (M) 14.450 yards to a point in
Pamlico Sound 35° 07' 06" N - 76° 06' 54" W;
from which point green 4 second interval flashing
beacon "5" on Royal Shoal bears 325 (M)
6.220 yards; and a yellow 6 second interval
flashing beacon on Royal Shoal bears 257 (M)
3.00(1 yards; thence 07S° (M) 7.X00 yards to given
2.5 second interval Hashing beacon "9" 35° OS'
5:1 NORTH CAROLINA REGISTER April 2, 1990
133
PROPOSED RULES
26" N - 76° 02' 30" W in Nine Toot Shoal
Channel; thence 067° (M) 3,640 yards to red 4
second interval flashing beacon "14BF" 35° 09'
21" N - 76° 00' 39" W in Big Foot Slough
Channel; thence 078° (M) 26,260 yards to a
quick-flashing beacon 35° 14' 00" N - 75° 45' 50"
W; southwest of Oliver Reef; thence 033° (M)
6,100 yards to 2.5 second interval flashing beacon
"1" 35° 16' 46" N - 75° 44' 16" W in Rollinson
Channel: thence 079° (M) 13,920 yards to red 4
second interval flashing beacon "2" 35° 19' 02"
N - 75° 36' 19" YV in Cape Channel; thence 139°
(M) 8,340 yards to a point on the shoreline of
Hatteras Island near Buxton 35° 16' 18" N - 75°
32' 20" W; thence southwest with the shoreline
of Hatteras Island to a point 35° 11' 30" N - 75°
44' 48" W on the southwest end of I latteras Is-
land; thence 269° (M) 2,380 yards across Hatteras
Inlet to a point 35° 11' 18" N - 75° 46' 15" W on
the northeast end of Ocracoke Island; thence
southwest with the shoreline of Ocracoke Island
to a point 35° 03' 54" N - 76° 00' 54" W on the
southwest end of Ocracoke Island; thence 268°
(M) 2,220 yards across Ocracoke Inlet to a point
35° 03' 42" N - 76° 02' 15" W on the northeast
end of Portsmouth Island; thence running
southwest with the shoreline of Portsmouth Is-
land and Core Banks to a point on the north side
of Swash Inlet 34° 58' 50" N - 76° 09' 13" W, to
the point of the beginning.
(b) It is unlawful to use mechanical methods
to take oysters in Core Sound and its tributaries
southwest of a line beginning at a point on the
north side of Swash Inlet 34° 58' 50" N - 76° 09'
13" W, and running 292° (M) to a point off Hog
Island Reef 35° 00' 06" N - 76° 14' 52" W.
(c) It is unlawful to use mechanical methods
to take oysters in any of the following areas: Back
Bay at Hog Island, North Bay, the Straits, Back
Sound, North River, Newport River, Bogue
Sound, White Oak River, New River, Lock-
woods Folly River, Shallotte River, and Sau-
cepan Creek (Brunswick County), except on
private bottom by permit.
Statutory Authority G.S. 113-134; 113-182;
I43B-2S9.4.
.0009 TAKING CRAHS WITH DREDGES
It is unlawful to take crabs with dredges except
during the period January 1 through March 1
within the area in Pamlico Sound bounded by a
line beginning at a point on Sandy Point 35° 37'
35" N - 75° 43' 46" W running 008= 10.1 nautical
miles to a point on shore 35° 47' 45" N - 75° 43'
56" W; thence 051° (M) 1.75 nautical miles to a
white daybeacon 35° 49' 03" N - 75° 42' 2S" W;
thence 09S° 7 nautical miles to the Bodie Island
Lighthouse; thence 157° (M) 3.6 nautical miles
to the Oregon Inlet Coast Guard Station flasher;
thence 182° (M) 9.7 nautical miles to Flasher No.
3 at Chicamacomico Channel 35° 36' 21" N - 75°
30' 00" W; thence 285° (M) 11.3 nautical miles
to the point of beginning.
Statutory Authority G.S. 113-134; 113-182;
143B-289.4.
.0010 CRAB SPAWNING SANCTUARIES
The crab spawning sanctuaries within which the
taking of crabs may be restricted or prohibited
during the period of April 1 through August 31
are described as follows:
(1) In the Oregon Inlet Area. Beginning at a
point 35° 47' 42" N - 75° 32' 21" W at the
elevation of mean high water on the ocean
beach one mile north of North Point on
Bodie Island, thence seaward 66° (M) 880
vards to a point in the Atlantic Ocean 35°
47' 59" N - 75° 31' 51" W; thence 159°
(M), 4,000 vards to a point 35° 46' 21" N -
75° 30' 40" W; thence 248° (M), 880 yards
to a point on the hieh water line of the At-
lantic Ocean 35° 46' 06" N - 75° 31' 08"
W, said point being one mile south of South
Point; thence running with the high water
line of the Atlantic Ocean on Pea Island
northward to South Point; thence around
South Point with the high water line of
Pamlico Sound approximately 7,000 vards
to a point 35° 43' 42" N - 75° 30' 54" W
on the high water line of the south point of
Eagle Nest Bay; thence 273° (M), 2,200
yards to a point in Pamlico Sound 35° 43'
42" N - 75° 32' 12" W; thence 344= (M),
8,100 yards to a point 35° 47' 16" N - 75°
34' 09" YV (present location of channel
marker "2"); thence 17° (M), 2,800 yards to
a point on the hiiih water line of Bodie Is-
land 35° 48' 45" N - 75° 33' 54" W, said
point being near the eastern edge of Off Is-
land; thence southward with the high water
line of Pamlico Sound approximately 6,8S0
yards to North Point on Bodie Island;
thence northward along the high water line
of the Atlantic Ocean on Bodie Island ap-
proximately one mile to the point and place
of the beginning.
(2) In the Hatteras Inlet Area. Beginning at a
point 35° 10' 40" N - 75° 44' 31" YV at the
elevation of mean high water on the eastern
side of Hatteras Inlet: thence northeasterly
along the elevation of mean high water on
the northwestern side of Hatteras Island to
a point 35c 12' 05" N - 75° 43' 21" YV on the
shore of Pamlico Sound; thence on a bearing
134
5:1 \ORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
of 333° (M), 4,700 yards to a point in Pam-
lico Sound southeast of Ira Peele's Fishing
Pier 35° 13' 38" N - 75° 45' 26" W; thence
235° (M), 7,200 yards to a point 35° 11' 04"
N -- 75° 48' 26" W on the eastern edge of
Outer Green Island; thence on a bearing of
150° (M), 1,050 yards to a point 35° 10' 42"
N -- 75° 47' 54" W; at the elevation of mean
high water on the northwest side of Ocra-
coke Island; thence northeasterly along the
elevation of mean high water to a point 35°
IP 19" n - 75° 46' 15" W on the western
side of Hatteras Inlet; then on a bearing of
083° (M), 2,930 yards across Hatteras Inlet
to the point of beginning.
(3) In the Ocracoke Inlet Area. Beginning at
a point 35° 03' 43" N -- 76° 04' 50" W on the
high water line of Portsmouth Island, [said
point being 252° (M), 2,100 yards from the
spire of Portsmouth Methodist Church];
thence northeasterly and easterly along the
high water line of Pamlico Sound on Ports-
mouth Island approximately 3,800 yards to
the high water line at the western shore of
Ocracoke Inlet; thence with the high water
line southeastward approximately 2,000
yards to the high water line of the Atlantic
Ocean on Portsmouth Island; thence south-
westerly approximately 1,600 yards along
the high water line of the Atlantic Ocean to
a point 35° 03' 03" N - 76° 03' 05" W;
thence seaward 154° (M), 880 yards to a
point in the Atlantic Ocean 35° 02' 38" N —
76° 02' 43" W; thence 64° (M), 1,280 yards
to a point 35° 02' 58" N - 76° 02' 05" W;
thence 83° (M), 3,500 yards to a point 35°
03' 23" N - 76° 00' 03" W; thence 55° (M),
1,725 yards to a point 35° 03' 58" N - 75°
59' 18" W; thence 324° (M), 880 yards to a
point 35° 04' 20" N - 75° 59' 43" W on the
high water line of the Atlantic Ocean on
Ocracoke Island; thence southwesterly along
the high water line of the Atlantic Ocean
approximately 2,100 yards to the high water
line of Ocracoke Inlet; thence northwesterly
with the high water line of Ocracoke Inlet
approximately 600 yards to the high water
line of Pamlico Sound; thence northeasterly
with the high water line of Pamlico Sound,
approximately 5,900 vards to a point 35° 06'
12" N - 75° 59' 22" W (said point being
just south of the western tip of Springers
Point); thence 273° (M) (through the pres-
ent location of channel marker "25", the
north edge of Beacon Island and Shell Castle
Island), 8,400 yards to a point in Pamlico
Sound 35° 05' 51" X - 76° 04' 25" W (said
point being at or near the western extremity
of Shell Castle Island); thence 197° (M),
4,380 yards to the point and place of the
beginning.
(4) In the Drum Inlet Area. Beginning at a
point on the high water line of Core Sound
on Core Banks 34° 50' 09" N - 76° 20' 25"
W; thence 326° (M), 2,000 yards to a point
in Core Sound 34° 50' 50" N - 76° 21' 15"
W; thence 50° (M), 8,000 yards to a point
in Core Sound 34° 53' 44" N - 76° 18' 03"
W; thence 151° (M), 2,390 yards to a point
on the high water line of Core Sound on
Core Banks 34° 52' 48" N - 76° 17' 12" W;
thence with said high water line southwes-
terly approximately 4,400 yards to Drum
Inlet; thence with the high water line around
Drum Inlet and northward approximately
4,400 yards to a point on the high water line
of the Atlantic Ocean 34° 52' 36" N - 76°
17' 03" W; thence seaward 151° (M), 880
yards to a point in the Atlantic Ocean 34°
52' 13" N - 76° 16' 45" W; thence 231° (M),
7,500 yards to a point in the Atlantic Ocean
34° 49' 30" N - 76° 19' 51" W; thence 326°
(M), 880 yards to a point on the high water
line of the Atlantic Ocean on Core Banks
34° 49' 54" N - 76° 20' 16" W; thence
northwardly along the high water line of the
Atlantic Ocean to the south side of Drum
Inlet; thence around the high water line of
Drum Inlet and southward along the high
water line of Core Sound on Core Banks to
the point and place of the beginning.
(5) In the Bardens Inlet Area. Beginning at a
point 34° 40' 42" N - 76° 29' 33" W on the
high water mark of Core Sound; thence 278°
(M) 4,350 yards to a point 34° 43' 02" N -
76° 29' 29" W (the present location of
channel marker "39"); thence 224° (M),
5,900 yards to a point at the edge of Light-
house Channel 34° 40' 42" N - 76° 31' 36"
W (the present location of channel marker
"35"); thence 211° (M), 3,500 yards to a
point on the high water line of Shackleford
Banks 34° 39' 06" N - 76° 32' 27" W (this
line ruiuiing through Beargrass Island, and
the point being at the tip of a prominent
point of marsh immediately shoreward of
Beargrass Island); thence along the high wa-
ter line of Back Sound on Shackleford
Banks eastward approximately 2,500 yards
to Bardens Inlet; thence southward with the
high water line of the western shoreline of
Bardens Inlet approximately 1,700 yards to
the high water line of the Atlantic Ocean;
thence westward along the high water line
of the Atlantic Ocean on Shackleford Banks
approximately 2.000 yards to a point 34° 38'
5:1 NORTH CAROLINA REGISTER April 2, 1990
135
PROPOSED RULES
30" N - 76° 32' 38" W on the high water line
of the Atlantic Ocean; thence 218° (M)
through the present location of buoy R
"4", 3,375 yards to a point 34" 37' 05" N --
76° 33' 43" W (the present location of buoy
R "2"); thence 131° (M), 1,075 yards to a
point 34° 36' 47" N -- 76° 33' 11" W (this
point being at the base of Cape Lookout
jetty at the high water line); thence north-
ward with the high water line of the Atlantic
Ocean approximately 1,800 yards to the
northern tip of Power Squadron Spit; thence
southward, eastward, and northward along
the high water line around the shoreline of
Cape Lookout Bight approximately 5,000
yards to the high water line on the eastern
shoreline of Bardens Inlet; thence nor-
theasterly with the high water line of Core
Banks.
Statutory Authority
143B-289.4.
G.S. 113-134; 1 13-182;
.001 1 PURSE SEINES PROHIBITED
It is unlawful to take menhaden or Atlantic
thread herring by the use of a purse seine from
the Atlantic Ocean within an area bounded by a
line extending from Bald Head Lighthouse bear-
ing 242° (M) to Cape Fear River ship channel
buoy "7", then bearing 320° (M) to the foot of
the Yaupon Beach Fishing Pier on Oak Island,
then following the shoreline eastward to a point
near Fort Caswell (33° 53' 13" N - 78° OF 11"
W), then running 138° (M) to the Bald Head
lighthouse.
Statutory Authority G.S.
I43B-289.4.
113-134; 113-182;
•kkkk-kk-k-k-k-k-k-k-k-k^k-k-k-k
Nc
oticc is hereby given in accordance with G.S.
I SOB- 12 that the EHNR - Division of Coastal
Management intends to adopt nde(s) cited as
ISA NCAC7M .1101 - .1/02.
1 he proposed effective date of this action is
September 1. 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 24. 1990 at Small Business Center,
College of the A Ibemarle, US 1 7 North, Elizabeth
City. NC 27909.
v_ ommenl Procedures: All persons interested in
these matters arc invited to attend the public
hearing. The Coastal Resources Commission will
receive written comments up to the date of the
hearing. Any persons desiring to present lengthy
comments is requested to submit a written state-
ment for inclusion in the record of proceedings at
the public hearing. Additional information con-
cerning the hearing or the proposals may be ob-
tained by contacting: Portia Rochelle, Division of
Coastal Management, PO Box 27687, Raleigh,
NC 27611-7687, (919) 733-2293.
CHAPTER 7 - COASTAL MANAGEMENT
SUBCHAPTER 7M - GENERAL POLICY
GUIDELINES FOR HIE COASTAL AREA
SECTION .1100 - POLICIES TO MAINTAIN
PRODUCTIVITY OF ESTUARINE RESOURCES
.1101 DECLARATION OF GENERAL POLICY
(a) It is hereby declared that the continued
productivity and economic viability of North
Carolina's estuarine and public trust resources
are necessary to maintain and support commer-
cial fishing, recreational fishing, and aquaculture
projects that rely on marine and estuarine re-
sources. These industries are important to the
economy and lifestyle of North Carolina. The
species of fish and shellfish that support these
industries depend upon good water quality and
availability of high quality habitat for their
growth and survival.
(b) I labitat protection and management of the
utilization of coastal resources is the responsibil-
ity of many agencies. The CRC has direct au-
thority for controlling many development
activities such as dredging, marina siting and wa-
ter quality impacts and has undertaken control
measures to address these activities. Reasonable
and effective regulations should be developed by
all responsible agencies to protect critical habitats
and control harvesting techniques that have the
likelihood of damaging these resources. It is
hereby declared that the general welfare and
public interest require that all State, Federal and
local agencies coordinate their activities to insure
optimal estuarine productivity.
Statutory Authority G.S. U3A- 102(b);
107; 1 13 A- 124.
113A-
.1 102 POLICY STATEMENTS
(a) The Coastal Resources Commission recog-
nizes the importance of protecting the highest
quality coastal waters and aquatic habitats such
as Outstanding Resource Waters and Primary
Nursery Areas and encourages the Marine Fish-
cries Commission and other resource agencies to
136
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
take the necessary steps to prevent environmental
harm to aquatic resources from fishing practices.
(b) Activities that have a high probability of
degrading water quality or damaging the habitat
and its living resources shall not be allowed in
these special areas.
(c) The Coastal Resources Commission en-
courages the Marine Fisheries Commission to
develop and maintain regulations governing fish
and shellfish harvest practices, including me-
chanical harvesting and other bottom disturbing
activities to protect water quality and habitat in-
tegrity.
(d) The Marine Fisheries Commission is fur-
ther encouraged to develop and maintain appro-
priate fishing regulations to address the adverse
impacts of trawling and other activities that are
determined to be detrimental to the productivity
of the State's coastal rivers and sounds.
Statutory Authority G.S. 113A-I02(b); I13A-
107; I13A-I24.
1 V otice is hereby given in accordance with G.S.
150B-I2 that the North Carolina Wildlife Re-
sources Commission intends to amend rule cited
as 15A NCAC 10F .0327.
1 he proposed effective date of this action is A u-
gust 1. 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 4, 1990 at Room 3S6, Archdale
Building, 5/2 N. Salisbury Street, Raleigh, North
Carolina.
a
comment Procedures: Interested persons may
present their views either orally or in writing at the
hearing. In addition, the record of hearing will
be open for receipt of written comments from
April 19, 1990 to May 18, 1990. Such written
comments must be delh'ered or mailed to the N.C.
Wildlife Resources Commission, 512 N. Salisbury'
Street, Raleigh, NC 276/1.
CHAPTER 10 - WILDLIFE RESOLRCES AND
VVATER SAFETY
SUBCHAPTER I0F - MOTORBOATS AND
WATER SAFETY
SECTION .(BOO - LOCAL WATER SAFETY
REGULATIONS
.0327 MONTGOMERY COUNTY
(a) Regulated Areas. This Rule applies only
to the portions of Badin Lake, Lake Tillery and
Tuckertown Reservoir which lie within the
boundaries of Montgomery County.
(b) Speed Limit Near Shore Facilities. No
person shall operate a vessel at greater than no-
wake speed within 50 yards of any marked boat
launching area, dock, pier, bridge, marina, boat
storage structure, or boat service area on the wa-
ters of the regulated area areas described in Par-
agraph (a) of this Rule.
(c) Boating Safety Zones. No person shall
operate a vessel at greater than no -wake speed
within 50 yards of any marked hazardous or
congested area established with approval of the
Wildlife Resources Commission on the waters
of the regulated areas described in Paragraph (a)
of this Rule.
(d) £e) Restricted Swimming Areas. No person
operating or responsible for the operation of a
vessel shall permit it to enter any marked public
swimming area established with the approval of
the Executive Director, Bf h» representative,
Wildlife Resources Commission on the waters
of the regulated areas described in Paragraph (a)
of this Rule.
(e) (4} Placement and Maintenance of Markers.
The Board of Commissioners of Montgomery
County is hereby designated a suitable agency for
placement and maintenance of the markers
hereby authorized, subject to the approval of the
United States Coast Guard and the United States
Army Corps of Engineers. With regard to
marking the regulated areas described in Para-
graph (a) of this Rule, supplementary standards
as set forth in Rule .0301(g)(1) to (8) of this
Section shall apply.
Statutory Authority G.S. 75A-3; 75A-I5.
"k&'k'k-k-k-k-k'k-k'k-k-k'k'k'k-k-k
iV otice is hereby given in accordance with G.S.
150B-I2 that the North Carolina Wildlife Re-
sources Commission intends to amend rule cited
as 15A NCAC /OF .0350.
1 he proposed effective dale of this action is Au-
gust 1, 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 2, 1990 at Room 386, Archdale
Building, 512 N. Salisbury Street. Raleigh. North
Carolina.
5:1 NORTH CAROLINA REGISTER April 2, 1990
137
PROPOSED RULES
(comment Procedures: Interested persons may
present their views either orally or in writing at the
hearing. In addition, the record of hearing, will
be open for receipt of written comments from
April 13, 1990 to May 18, 1990. Such written
comments must be delivered or mailed to the N.C.
Wildlife Resources Commission, 5/2 N. Salisbury
Street, Raleigh, NC 27611.
.0350 DURHAM AND WAKE COUNTIES
(a) Definitions. In addition to the definitions
set forth in Paragraph (b) of Rule .0301 of this
Section, the following definitions apply for the
purposes of this Rule:
(1) Corps - Corps of Engineers, United States
Army;
(2) State Parks - Division of Parks and Re-
creation, N. C. Department of Environ-
ment, Health, and Natural Resources;
(3) Regulated /Area - Those portions of Ealls
Lake located within the boundaries of
Durham and Wake Counties.
(b) Speed Limit. No person shall operate a
vessel at greater than no-wake speed:
(1) while within a designated mooring area
established on the regulated area by or
with the approval of the Corps and State
Parks;
(2) within fifty yards of any public boat
launching ramp or boat service facility,
including docks used for fueling or boat
repair, located on the regulated area;
(3) within 50 yards of any state road bridge
crossing over that portion of falls 1 ake
located within the boundaries of Wake
County.
(c) Restricted Zones. No person operating or
responsible for the operation of any vessel, surf-
board or water skis shall permit the same to en-
ter:
(1) any marked swimming area located on the
regulated area;
(2) any areas near the dam structures located
on the regulated area that shall be marked
by or with the approval of the Corps
against entry by vessels.
(d) Placement and Maintenance of Markers.
The Board of Commissioners of Durham
County and the Board of Commissioners of
Wake County are designated suitable agencies for
placement and maintenance of markers imple-
menting this Rule within their respective coun-
ties, subject to the approval of the Corps.
Provided the said boards exercise their supervi-
sory responsibilities, they may delegate the actual
placement and maintenance of markers to some
other responsible agency. With regard to mark-
ing of the regulated area described in Paragraph
(a) of this Rule, all of the Supplementary stand-
ards listed in Paragraph (g) of Rule .0301 of this
Section shall apply.
Statutory Authority G.S. 75A-3; 75A-15.
******************
lyotice is hereby given in accordance with G.S.
1 SOB- 12 that the North Carolina Wildlife Re-
sources Commission intends to amend rule(s)
cited as ISA NCAC I OH .0302.
1 he proposed effective dale of this action is A u-
gust 1, 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 16, 1990 at Room 386, Archdale
Building, SI 2 N . Salisbury Street, Raleigh, N.C.
(_ omment Procedures: Interested persons may
present their views either orally or in writing at the
hearing. In addition, the record of hearing will
be open for receipt of written comments from May
1. 1990 to May 30, 1990. Such written comments
must be delivered or mailed to the N.C. Wildlife
Commission, 512 N. Salisbury Street, Raleigh,
NC 27611.
SUBCHAPTER 1 01 1 - REGULATED ACTIVITIES
SECTION .0300 - HOLDING WILDLIFE IN
CAPTIVITY
.0302 MINIMUM STANDARDS
(g) Cougar
( 1 ) Educational Institutions and Zoos Oper-
ated or Established by Governmental
Agencies
(A) Enclosure. A permanent, stationary
metal cage , at least nine feet wide by 18
feet k)ng by nine leet high and located in
the shade or where shaded during the aft-
ernoon hours of summer, is required.
1 he cage shall have a concrete floor. The
bars of the cage shall be of iron or steel
at least one- fourth inch in diameter, or
heavy gauge steel chain link fencing ma\
be used. 1 he gate shall be equipped with
a lock or satctv catch, and guard rails shall
be placed outside the cage so as to prevent
contact between the observer and the
caged animal. The cage must contain a
den at least five feet long hv five feet wide
bv four feet high and so constructed as to
be easily cleaned. A "scratch log" shall
13.S
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
be placed inside the cage. The cage shall
be equipped with a removable food
trough. Running water shall be provided
for Hushing the floor and changing the
pool
(B) Sanitation and Care. Adequate food
shall be provided daily; and clean, clear
drinking water shall be available at all
times. In hot weather, the floor of the
cage and the food trough shall be flushed
with water and the water in the pool
changed daily. "1 he den shall be flushed
and cleaned at least once each week in hot
weather. An effective program for the
control of insects, ectoparasites, disease,
and odor shall be established and main-
tained. Brush, canvas, or other suitable
material shall be placed over the cage to
provide additional shade when necessary.
The use of collars, tethers or stakes to re-
strain the cougar is prohibited, except as
a temporary safety device.
(2) Application. The following specifications
are required for the development of plans
for holding cougars in captivity as pre-
scribed bv CIS. 113-272.5(e)(4). Appli-
cants for a Wildlife Captivity License for
cougar must apply on forms supplied by
the Commission and include copies of
proposed plans for confining cougars in
conditions simulating natural habitats.
Conditions Simulating Natural Habitat.
Cougars held in captivity by other than
educational institutions or governmental
zoos must be held without caging under
conditions simulating a natural habitat
approved by the Wildlife Resources
Commission, lor a holding facility to be
deemed in simulation of a natural habitat,
01
the following conditions must be satisfied:
(A) The method of confinement is by chain
link fence, without the use of chains or
tethers.
(i) Nine gauge chain link fencing shall be
at least 12 feet in height with a four foot
fence overhang at_ a 45 degree angle on
the inside of the pen to prevent escape
from climbing and jumping,
(ii) Fence posts and at least six inches of
the fence skirt shall be permanently
imbedded inasix inch wide by one foot
deep concrete looter to prevent escape
bv digging.
(B) The area of confinement shall be at
least one acre for one or two cougars with
an additional one-eighth acre for each ad-
ditional cougar, except that smaller areas
containing terrain and topographical fea-
tures which offer adequate escape cover
and refuge and meeting all other specifi-
cations are allowed under special approval
bv the Wildlife Resources Commission.
Cougars shall be free under normal con-
ditions to move throughout such area.
(C) At least one-half of the area of con-
finement shall be wooded with living
trees, shrubs and other perennial vege-
tation capable of providing shelter from
sun and wind; and that a 20 foot wide
strip along the inside of the fence shall be
maintained free o\_ trees, shrubs and any
other obstructions which could provide a
base from which escape through leaping
could occur.
(D) The area of confinement shall contain
a pool not less than one and one-half feet
deep and not less than four by five feet in
si/.e.
(F) bach cougar shall be provided a den to
which the cougar may retire for rest, shel-
ter from the elements, or respite from
public observation. bach den shall he
four feet wide bv four feet high bv four
feet deep, bach den shall be enclosed en-
tirely within at least an eight feet wide bv
ten feet deep by 12 feet high security cage.
The security cage shall be completely
within the confines of the facility, ce-
ment-floored, shall require nine gauge
fencing on all sides and the top, and shall
require a four foot , 45 degree fence over-
hang around the outside top edge to pre-
vent cougar access to the top of the
security cage
(F) The area of confinement shall present
an overall appearance of a natural habitat
and afford the cougars protection from
harassment or annoyance.
(41
Provisions shall be made for adequate
food and water and tor maintenance of
sanitation.
(5) No circumstance shall exist which is cal-
culated to avoid, circumvent, defeat or
subvert the purpose of the law or these
recommendations.
(6) 1 he applicant must demonstrate bv satis-
factory evidence that he owns or has some
other k
-term legal interest in the real
property upon which the holding facility
is located.
(h) (g) Other Wild Animals
Statutory Authority G.S. 19A-11; 113-134: 113-
272.5.
■kjc-k-k'k'k-k-k-k-k-k-k'te'k'k'k'te'k
5:1 NORTH CAROLINA REGISTER April
1990
139
PROPOSED RULES
i V otice is hereby given in accordance with G.S.
1 SOB- 12 that the North Carolina Wildlife Re-
sources Commission intends to amend rule(s)
cited as 15 A NCAC I OH .0302.
1 he proposed effective date of this action is A u-
gust I, 1990.
1 he public hearing will be conducted at 10:00
a.m. on May 16, 1990 at Room 3S6, Archdale
Building, 5/2 N. Salisbury Street, Raleigh, N.C.
Cc
■ omment Procedures: Interested persons may
present their views either orally or in writing at the
hearing. In addition, the record of hearing will
be open for receipt of written comments from May
I . 1990 to May 30, 1990. Such written comments
must be delivered or mailed to the N.C. Wildlife
Commission, 512 N. Salisbury Street, Raleigh,
NC 27611.
SUBCHAPTER 1011 - REGULATED ACTIVITIES
SECTION .0300 - HOLDING WILDLIFE IN
CAPTIVITY
.0302 MINIMUM STANDARDS
(g1) Cougar
( 1) Educational Institutions and Zoos Oper-
ated or Hstablished by Governmental
Agencies
(A) Enclosure. A permanent, stationary
metal cage , at least nine feet wide hv 18
feet long by nine feet high and located in
the shade or where shaded during, the aft-
ernoon hours of summer, is required.
The cage shall have a concrete floor. The
bars of the cage shall be of iron or steel
at least one-fourth inch in diameter, or
heavy gauge steel chain link fencing may
be used. The gate shall be equipped with
a lock or safety catch, and guard rails shall
be placed outside the cage so as to prevent
contact between the observer and the
caged animal. The cage must contain a
den at least five feet long by five feet wide
by four feet high and so constructed as to
be easily cleaned. A "scratch log" shall
be placed inside the cage. 1 he cage shall
be equipped with a removable food
trough. Running water shall be provided
tor flushing the floor and changing the
pool.
(B) Sanitation and ("are. Adequate food
shall be provided dailv: and clean, clear
drinking water shall be available at all
times. In hot weather, the floor of the
cage and the food trough shall be flushed
with water and the water in the pool
changed dailv. The den shall be flushed
and cleaned at least once each week in hot
weather. An effective program for the
control of insects, ectoparasites, disease,
and odor shall be established and main-
tained. Brush, canvas, or other suitable
material shall be placed over the cage to
provide additional shade when necessary.
The use of collars, tethers or stakes to re-
Mi.un the ioug.iT is prohibited, except as
a temporary safety device.
(2) Application. The following specifications
are required for the development of plans
for holding cougars in captivity as pre-
scribed bv G_S_ 113-272.5(e)(4). Appli-
cants for a Wildlife Captivity License for
cougar must apply on forms supplied by
the Commission and include copies of
proposed plans for confining cougars in
conditions simulating, natural habitats.
(3) Conditions Simulating Natural Habitat.
Cougars held in captivity by other than
educational institutions or governmental
zoos must be held without caging under
conditions simulating a natural habitat
approved by the Wildlife Resources
Commission, l-'or a holding facility to be
deemed in simulation of a natural habitat,
the following conditions must be satisfied:
(A) The method of confinement is bv chain
link fence, without the use of chains or
tethers.
(i) Nine gauge chain link fencing shall be
at least 12 feet in height with a four foot
fence overhang at_ a 45 degree angle on
the inside <M_ the pen to present escape
from climbing and jumping.
(ii) fence posts and a[ least six inches of
the fence skirt shall be permanently
imbedded in a six inch wide bv one foot
deep concrete looter to present escape
bv digging.
(B) The area of confinement shall be at
least one acre for one or two cougars with
an additional one-eighth acre tor each ad-
ditional cougar, except that smaller areas
containing terrain and topographical tea-
tures which offer adequate escape cover
and refuge and meeting all other specifi-
cations are allowed under special approval
bv the Wildlife Resources Commission.
Cougars shall be free under normal con-
ditions to move throughout such area.
(C) At least one-half of the area of con-
ftnement shall be wooded with living
140
5:1 NORTH CAROLINA REGISTER April 2, 1990
PROPOSED RULES
trees, shrubs and other perennial vege-
tation capable of providing shelter from
sun and wind; and that a 20 foot wide
strip along the inside of the fence shall be
maintained free of trees, shrubs and any
other obstructions which could provide a
base from which escape through leaping
could occur.
(D) The area of confinement shall contain
a pool not less than one and one-half feet
deep and not less than four by five feet in
size.
(E) Each cougar shall be provided a den to
which the cougar may retire for rest, shel-
ter from the elements, or respite from
public observation. Each den shall be
four feet wide by four feet high by four
feet deep. Each den shall be enclosed en-
tirely within at least an eight feet wide bv
ten feet deep bv 12 feet high security cage.
The security cage shall be completely
within the confines of the facility, ce-
ment-floored, shall require nine gauge
fencing on all sides and the top, and shall
require a lour foot, 45 degree fence over-
hang around the outside top edge to pre-
vent cougar access to the top of the
security caee.
(E) The area of confinement shall present
an overall appearance of a natural habitat
and afford the cougars protection from
harassment or annoyance.
(41
Provisions shall be made for adequate
food and water and for maintenance of
sanitation.
(5) No circumstance shall exist which is cal-
culated to avoid, circumvent, defeat or
subvert the purpose of the law or these
recommendations.
(6) The applicant must demonstrate bv satis-
factory evidence that he owns or has some
other long-term legal interest in the real
property upon which the holding facility
is located.
(h) (g) Other Wild Animals
Statutory Authority G.S. 19A-11; 113-134; 113-
272.5.
TITLE 16 - DEPARTMENT OF PUBLIC
EDUCATION
iV otice is hereby given in accordance with G.S.
1 SOD- 12 that the State Board of Education in-
tends to amend ride cited as 16 NCAC 6C .0312.
1 he proposed effective date of this action is
September I, 1990.
1 he public hearing will be conducted at 9:30
a.m. on May 4, 1990 at 3rd Floor Board Room,
Education Building, 116 W. Edenton Street, Ra-
leigh, NC 27603-/7/2.
(comment Procedures: Any interested person
may present views and comments either in writing
prior to or at the hearing or orally at the hearing.
CHAPTER 6 - PUBLIC ELEMENTARY AND
SECONDARY EDUCATION
SUBCHAPTER 6C - PERSONNEL
SECTION .0300 - CERTIFICATION
.0312 CERTIFICATE SUSPENSION AND
REVOCATION
(a) The SBE may suspend or revoke a certif-
icate issued by the department only for the fol-
lowing reasons:
(1) fraud, material misrepresentation or con-
cealment in the application for certif-
ication;
(2) changes in or corrections of the certificate
documentation which makes the individ-
ual ineligible to hold a certificate;
(3) conviction or entry of a plea of no contest,
as an adult, of a crime if there is a rea-
sonable and adverse relationship between
the underlying crime and the continuing
ability of the person to perform any of
his/her professional functions in an effec-
tive manner;
(4) final dismissal of a person by a local board
pursuant to G.S. 115C-325(c)(l)b., if
there is a reasonable and adverse relation-
ship between the underlying misconduct
and the continuing ability of the person
to perform any of his/her professional
functions effectively;
(5) final dismissal of a person by a LEA under
G.S. 115C-325(e)(l)e.;
(6) resignation from employment with a LEA
without 30 work days' notice, except with
the prior consent of the local superinten-
dent; aft4
(7) revocation of a certificate by another state;
and v. hi'ii t+n* pL'p.on';. North Carolina
certificate was i^ued tvw- (4*e basis el reci
procity.
(8) anv other illegal or immoral conduct bv a
person, if there is a reasonable and adverse
relationship between the underlying con-
duct and the continuing ability of the
5:1 NORTH CAROLINA REGISTER April 2, 1990
141
PROPOSED RULES
person to perform any of his her profes-
sional functions in an effective manner.
(b) Upon the receipt of a written request and
substantiating information from any LEA, local
superintendent or other person in a position to
present information as a basis for the suspension
or revocation of a person's certificate, the Super-
intendent of Public Instruction will conduct an
investigation sufficient to determine whether rea-
sonable cause exists to believe that the person's
certificate should be suspended or revoked.
(1) If the Superintendent determines that rea-
sonable cause exists to believe that the
person's certificate should be suspended
or revoked on one or more of the grounds
specified in Paragraph (a) of this Rule, the
Superintendent shall prepare and file
written charges with the SBE.
(2) The SBE will review the written charges
and determine whether the person's cer-
tificate should be suspended or revoked
based on the information contained in the
written charges. If the SBE determines
that the written charges constitute
grounds for suspension or revocation, it
shall provide the person with a copy of
the written charges, and notify the person
that it will revoke the person's certificate
unless the person, within 30 days of re-
ceipt of notice, initiates administrative
proceedings under Article 3, Chapter
150B of the General Statutes. The notice
will be sent certified mail, return receipt
requested.
(3) If the person initiates administrative pro-
ceedings the SBE will defer final action
on the matter until receipt of a proposed
decision as provided for in G.S. 150B-24.
If the person does not initiate administra-
tive proceedings within 30 days of receipt
of notice, the SBE may suspend or revoke
the person's certificate at its next meeting.
(c) The SBE may suspend an individual's cer-
tificate for a stated period of time or may per-
manently revoke the certificate, except as limited
by G.S. 115C-325(o).
(d) The SBE may reinstate a suspended or re-
voked certificate or may grant a new certificate
upon application and a showing of good cause
by the individual. The burden of proving good
cause is on the applicant.
(e) The SBE will notify all other states of all
actions which involve the suspension, revocation
or reinstatement of a certificate.
Authority G.S. 1 15C-12(9)a.; N.C. Constitution,
Article IX, Sec. 5.
142
5:1 NORTH CAROLINA REGISTER April 2, 1990
FINAL RULES
1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated.
J\ules filed for publication in the NCAC may not be identical to the proposed text published pre-
viously in the Register. Please contact this office if you have any questions.
/\. dopted rules filed by the Departments of Correction, Revenue and Transportation are published
in this section. These departments are not subject to the provisions ofG.S. I SOB, Article 2 requiring
publication in the N.C. Register of proposed rules.
U,
pon request from the adopting agency, the text of rules will be published in this section.
1 unctuation, typographical and technical changes to rides are incorporated into the List of Rules
Codified and are noted as * Correction. These changes do not change the effective date of the ride.
NORTH CAROLINA ADMINISTRATIVE CODE
LIST OF RULES CODIFIED
APRIL 1990
AGENCY
DEPARTMENT OF COMMERCE
4 NCAC 7
.0501
.0507
12C
.0007
16A
.0100-
.0400
16D
.0100
161
.0700
.0900 -
.1000
IS
.0203
.0303
.0303
19L
.0103
.0401
.0403 -
.0404
.0407
.0907
.1302-
.1303
DEPARTMENT OF CORRECTION
ACTION TAKEN
Amended
Amended
Temp. Amended
Expires 08-27-90
* Correction
* Correction
* Correction
* Correction
Adopted
Amended
Temp. Amended
Expires 07-24-90
Amended
Amended
Amended
Amended
Amended
Amended
5 NCAC 2H .0106 Adopted
OFFICES OF THE GOVERNOR AND LjEl TENANT GOVERNOR
9 NCAC 213 Executive Order Number 106
Eff. February' 22, 1990
5:1 NORTH CAROLINA REGISTER April 2, 1990
143
FINAL RULES
DKPARTMENT OF HUMAN RF.SOl RCES
10
NCAC
10A
.0444
14A
.0101 -
0103
.0201 -
0202
.0301 -
0304
.0401 -
0403
.0501 -
0504
.0601 -
0604
.0701 -
0704
.0801 -
0S04
.0901 -
0910
.1001 -
1002
.1101 -
1102
14B
.0101 -
.0104
.0106
0102
.0301 -
0304
.0305
.0401 -
0402
.0405
.0503 -
0506
.0508
14C
.0102-
.0109
.0322
.0324
0106
.0325 -
0326
.0704
.0705 -
0706
.0709
.0711 -
0713
.0715-
0716
.0801
.0807
.0901 -
0902
.1005-
1006
.1012-
1014
.1101
.1103-
1105
.1107
.1110 -
1111
.1115-
1121
.1123
.1126 -
1131
.1134-
1136
.1138
.1140 -
1141
.1144-
1146
.1402 -
1404
14D
.0006
14F
.0603
14G
.0101 -
.0202
.0204
.0208
.0210
.0301
0102
* Correction
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Amended
Amended
Amended
Amended
Repealed
.Amended
.Amended
.Amended
Amended
Amended
Amended
Amended
.Amended
Repealed
Repealed
Amended
Amended
.Amended
Amended
Repealed
Repealed
Repealed
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
.Amended
Amended
Amended
Amended
.Amended
Amended
Amended
Amended
Amended
144
5:1 NORTH CAROLINA REGISTER April 2, 1990
FINAL RULES
•0303 Amended
■0305 Amended
14H .0203 - .0205 Amended
•0208 Amended
■0402 Amended
141 .0105 Amended
.0201 - .0203 Amended
■0301 Amended
•0307 - .0310 Amended
14J .0101 - .0103 Amended
•0105 Amended
•0107 Amended
•0204 Amended
•0206 Amended
•0301 - .0302 Amended
.0402 - .0404 Amended
14K .0101 Amended
•0103 Amended
■0203 Amended
■0209 Amended
■0216 - .0217 Amended
■0303 Amended
■0306 Amended
■0311 -.0320 Amended
.0324 - .0325 Amended
■0334 Amended
■0342 Amended
■0344 Amended
•0348 Amended
•0351 Amended
.0353 - .0355 Amended
•0362 Amended
.0403 - .0404 Amended
•0407 Amended
14L .0105 Amended
•0201 Amended
•0301 Amended
•0304 Amended
•0309 Amended
•0407 Amended
.0503 - .0505 Amended
•0601 - .0608 Amended
.06 10 -.06 11 Amended
•0613 Amended
•0701 Amended
.0704 - .0705 Amended
•0708 Amended
■0710 Amended
14M .0101 Amended
•0103 Amended
•0107 Amended
■0110 Amended
■01 12 -.01 13 Amended
■0204 Amended
■0303 Amended
.0403 - .0405 Amended
■0410 Amended
•0508 Amended
•0701 Amended
5:1 NORTH CAROLINA REGISTER April 2, 1990 145
FINAL RULES
.0704 - .0706 Amended
.0709 -.07 12 Amended
.0714 Amended
.0716 Amended
14N .0101 Amended
.0103 Amended
.0107 Amended
.0201 .Amended
.0307 Amended
.0406 Amended
.0501 Amended
.0506 Amended
.0701 Amended
.0809 Amended
140 .0103- .0104 Amended
.01 06 -.01 08 Amended
.0203 - .0205 Amended
.0209 -.02 10 Amended
.0303 - .0305 Amended
.0307 -.03 10 Amended
.0313 Amended
.0404 Amended
.0407 -.04 11 Amended
.0414 - .0415 Amended
.0504 Amended
.0601 Amended
.0606 - .0607 Amended
.0609 Amended
.0613 Amended
.0619 Amended
18K .0262- .0263 Amended
ISO .0520 Amended
Eff. 03-01-90
.0523 - .0524 Amended
Eff. 03-01-90
1SQ .0711 Amended
Eff. 03-01-90
19A .0101 - .0102 Repealed
.0201 - .0202 Repealed
.0301 - .0305 Repealed
.0401 Repealed
.0501 - .0505 Repealed
19B .0104 Amended
.0106 Amended
.0108 Amended
19C .0305 Amended
.0309 Amended
.0506 Amended
.0601 Amended
.0608 Amended
.0701 Amended
.0703 Amended
19D .0102 - .0103 Amended
.0201 Amended
19E .0101 Amended
.0105 Amended
.0404 Amended
.0406 - .0407 Amended
.0410 Amended
146 5:1 NORTH CAROLINA REGISTER April 2, 1990
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